Legal Aspects of Performance Evaluations

Employee work performance evaluation can be defined as the process of identifying, observing, measuring and developing human performance in businesses and organizations. The identification element of an employee performance evaluation is the process of determining what areas need to be studied by the evaluators (Cardy & Dobbins, 1994, p. 1). Human resource performance evaluation forms are then created based on the criteria and relevant characteristics that need to be reviewed and monitored within an organization.

Performance is difficult to accurately measure, and it has been one of the most vexing problems that continue to plague human resource managers (Landy & Farr, 1983, p.3). No law states that an employee is entitled to a performance evaluation. But, if an evaluation is undertaken by the company, the company could bring on a contractual obligation to conduct such an evaluation. However, a company operating without such evaluation procedures leaves itself open to legal challenges that promotions and dismissals are subjective and discriminatory (Weiss, 1991, p. 93).

In the business setting, performance information is collected for the purposes of administration, research, guidance and counseling (Landy & Farr, 1983, p. 3). Businesses and organizations need to have the means to monitor employees to ensure that the needed work is being productively and efficiently completed in order for the business to stay competitive in th

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mployee in a non-discriminatory manner. A regularly scheduled employee performance evaluation can easily provide the company with this necessary documentation. When conducted in due course, the action of documenting an employee's activities will then not be interpreted as subjectively harassing any individual employee. Employers need to have the freedom to dismiss employees for good reasons. For example, it would be in the best interest of the employer and the organization to dismiss an employee who is not meeting the minimum standard of performance for the task at hand. In a market-driven economy, business organizations must be able to operate within a reasonable measure of efficiency in order to meet the demands of consumers. A non-performing employee will need to be replaced by one that will do the necessary job. (Weiler, 1990, p. 59) The subjective problem arises in the modern expectation that employees are no longer necessarily "at-will" employees, but instead hold an expectation that they can retain their positions unless they do something wrong. Most employers do not want to fire people, especially where the organization will immediately lose its substantial investment in human capital. The employer likely will ha
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Approximate Pages = 13 (250 words per page)

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