Performance Evaluation, Performance Analysis, Court Management, Litigation


Research from Article Critique:

Performance Management

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The objective of this study is always to critique and article with regards to a courtroom case or perhaps lawsuit linked to discrimination or perhaps unjust dismissal by a efficiency management system.

Case Description

It truly is reported in the work of Barrett and Kernan (1987) that in “Nord v. U. S i9000. Steel (1985) the individual successfully demonstrated that she a new record of good performance assessments before she requested an offer. After this request her assessments became adverse, which resulted in her later termination. The court reasoned that the reduced evaluations following her promotion request had been evidence of discrimination. Employers in the remaining 37 cases effectively defended their termination decisions. ” (p. 6) The court stressed the necessity of “applying performance evaluation standards equally to all employees

Purpose of Functionality Management

Miller (2015) writes “A performance appraisal alone may become the target of a lawsuit. Indeed, not any evaluation product is completely resistant to the risk of litigation. A well-designed program can subject matter an employer to varied liabilities if it is poorly integrated or utilized in an sporadic manner. If they happen to be well written and consistent, assessments can support disciplinary or termination decisions. Yet , if terribly implemented they can support the plaintiff’s position. ” (p. 1)

III. Analysis of Criteria and Methods Used for Performance Management Measurement

Barrett and Kerman, in their review of performance managing measurements reported six certain points including: (1) Conduction of a “job analysis to ascertain characteristics essential for successful task performance”; (2) Incorporation of “these features into a rating instrument. Although the professional books recommends rating instruments which can be tied to certain job actions (i. elizabeth. BARS), the courts regularly accept less sophisticated methods such as simple graphic ranking scales and trait scores. Regardless of method, written certain standards ought to be provided to all or any raters”; (3) Training of supervisors pertaining to proper make use of the device for score; (4) Coach supervisors to use the rating instrument properly; (5) There ought to be in place “formal appeal mechanisms and report on ratings by upper-level personnel”; and (6) Evaluations ought to be documented by organization furthermore to documentation of reasons for termination. (Barrett and Kerman, 1987, g. 11)

4. Legal and Ethical Issues

The legal and honest issues happen to be clear intended for the employer since failure to create in place a solidified overall performance measurement system that is reasonable and correctly implemented may result in huge financial losses for the corporation.


Barrett, GV and Kernan, MC

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