What Should Be in an Employee Evaluation?

Above all else, the one thing all people who work hard for a living want is to be liked by their coworkers and especially their employer. Of course, it can also be a major priority for some workers to be respected at work. This is only natural, since everyone wants to work in an environment that’s positive and supportive. Each employee wants their opinions, especially those that are professional in nature, to be respected and appreciated.

However, even though many people try to go out of their way to ensure a positive attitude at work, their personal views may not always be welcomed by their employer. Unfortunately, too often this situation can lead to the employee receiving a performance evaluation that’s less than sparkling.

What Should Employers Put in Performance Reviews?

Sadly, when a person receives a negative employee review, whether it’s an annual, semi-annual or quarterly review of their performance, it can mean the individual does not qualify for a promotion or that they might even end up being let go from their job.

It’s important to note that employers are generally not supposed to sugar-coat employee performance reviews. This is largely due to the fact that employees should receive as much honest feedback as possible so they have an opportunity to correct any negative aspects of their work and make improvements. However, the performance review is supposed to be an honest evaluation of the employee based on their work performance, and not a comment on their personal views — which have nothing to do with the job. If comments about an individual’s personal views are in a performance review, the individual can have a legitimate wrongful termination claim.

 What Should An Employee Expect From A Performance Review? 

If an employee receives a negative performance review, they should take a look at certain aspects of that review. The following elements, in particular, should be noted:

• True examples of missteps: All employee evaluations should indicate accurate examples of missteps taken by the employee. Facts are the most important thing in a review, rather than the supervisor or employer’s opinion of the individual.
• Proof of prior notice: An employee who receives a negative performance evaluation should have received a prior notice beforehand. Employers should not simply surprise them with an unexpected evaluation. It’s only fair to allow the person to know what they might be doing wrong so they can correct it.
• Cure period: An employment performance review should also include a cure period so the person has an opportunity to improve their work performance.

Employees have the right to expect their performance reviews will be constructive and based on their overall work performance, and not reflective of any disagreements with their employer over their personal views. A performance review that does comment negatively on the employee’s private views could result in a termination that was done illegally.

Employees have options then, and anyone who believes they have been wrongfully terminated should immediately consult with an experienced and competent employment law attorney. 

Competent Representation in Discrimination Cases

If you were recently terminated and believe it may not have been lawful, reach out to Colorado employment discrimination lawyer Nathan Davidovich, who has been providing expert legal counsel and representation in labor and employment related issues for over 55 years. His team specializes in all aspects of employment law, from wrongful termination to a hostile work environment, to medical leave disputes. If you need assistance on an employment case, start by calling the Davidovich Law Firm at (303) 825-5529 today, or complete our online contact form right now.