Managing Performance and Non-performance

Site: Saylor Academy
Course: BUS650: Entrepreneurial Leadership
Book: Managing Performance and Non-performance
Printed by: Guest user
Date: Tuesday, 8 April 2025, 9:15 AM

Description

Managing Employee Performance

A Dilemma

You have been the store manager for a large coffee shop for three years but have never had this type of problem employee to handle before, and you schedule a meeting to speak with your HR manager about it. Jake, one of your best employees, has recently begun to have some problems. He is showing up to work late at least twice per week, and he missed the mandatory employee meeting on Saturday morning. When you ask him about it, he says that he is having some personal problems and will try to get better.

For a bit of time, Jake does get better, comes to work on time, and is his normal, pleasant self when helping customers. However, the situation gets more serious two weeks later when Jake comes to work smelling of alcohol and wearing the same clothes he wore to work the day before. You overhear some of the employees talking about Jake's drinking problem. You pull Jake aside and ask him what is happening. He says his wife kicked him out of the house last night and he stayed with a friend, but he didn't have time to gather any of his belongings when he left his house. You accept his answer and hope that things will get better.

A week later, when Jake arrives for his 10–7 shift, he is obviously drunk. He is talking and laughing loudly, smells of alcohol, and has a hard time standing up. You pull him aside and decide to have a serious talk with him. You confront him about his drinking problem, but he denies it, saying he isn't drunk, just tired from everything happening with his wife. You point out the smell and the inability to stand up, and Jake starts crying and says he quit drinking ten years ago but has recently started again with his impending divorce. He begs for you to give him another chance and promises to stop drinking. You tell him you will think about it, but in the meantime, you send him home.

The meeting with HR is this afternoon and you feel nervous. You want to do what is right for Jake, but you also know this kind of disruptive behavior can't continue. You like Jake as a person and he is normally a good employee, so you don't want to fire him. When you meet with the HR manager, he discusses your options. The options, he says, are based on a discipline process developed by HR, and the process helps to ensure that the firing of an employee is both legal and fair. As you review the process, you realize that ignoring the behavior early on has an effect on what you can do now. Since you didn't warn Jake earlier, you must formally document his behavior before you can make any decision to let him go. You hope that Jake can improve so it doesn't come down to that.

Managing Employee Performance

(click to see video)

The author introduces the chapter on employee performance.


Handling Performance

Learning Objectives

  1. Explain the types of performance issues that occur in the workplace, and the internal and external reasons for poor performance.
  2. Understand how to develop a process for handling employee performance issues.
  3. Be able to discuss considerations for initiating layoffs or downsizing.

As you know from reading this book so far, the time and money investment in a new employee is overwhelming. The cost to select, hire, and train a new employee is staggering. But what if that new employee isn't working out? This next section will provide some examples of performance issues and examples of processes to handle these types of employee problems.


Types of Performance Issues

One of the most difficult parts of managing others isn't when they are doing a great job - it is when they aren't doing a good job. In this section, we will address some examples of performance issues and how to handle them.

  1. Constantly late or leaves early. While we know that flexible schedules can provide a work-life balance, managing this flexible schedule is key. Some employees may take advantage and, instead of working at home, perform nonwork-related tasks instead.
  2. Too much time spent doing personal things at work. Most companies have a policy about using a computer or phone for personal use. For most companies, some personal use is fine, but it can become a problem if someone doesn't know where to draw the line.
  3. Inability to handle proprietary information. Many companies handle important client and patient information. The ability to keep this information private for the protection of others is important to the success of the company.
  4. Family issues. Child-care issues, divorce, or other family challenges can cause absenteeism, but also poor work quality. Absenteeism is defined as a habitual pattern of not being at work.
  5. Drug and alcohol abuse. The US Department of Labor says that 40 percent of industrial fatalities and 47 percent of industrial injury can be tied to alcohol consumption. The US Department of Labor estimates that employees who use substances are 25–30 percent less productive and miss work three times more often than nonabusing employees. Please keep in mind that when we talk about substance abuse, we are talking about not only illegal drugs but prescription drug abuse as well. In fact, the National Institute on Drug Abuse says that 15.2 million Americans have taken a prescription pain reliever, tranquilizer, or sedative for nonmedical purposes at least once. Substance abuse can cause obvious problems, such as tardiness, absenteeism, and nonperformance, but it can also result in accidents or other more serious issues.
  6. Nonperforming. Sometimes employees are just not performing at their peak. Some causes may include family or personal issues, but oftentimes it can mean motivational issues or lack of tools and/or ability to do their current job.
  7. Conflicts with management or other employees. While it is normal to have the occasional conflict at work, some employees seem to have more than the average owing to personality issues. Of course, this affects an organization's productivity.
  8. Theft. The numbers surrounding employee theft are staggering. The American Marketing Association estimates $10 billion is lost annually owing to employee theft, while the FBI estimates up to $150 billion annually. Obviously, this is a serious employee problem that must be addressed.
  9. Ethical breaches. The most commonly reported ethical breaches by employees include lying, withholding information, abusive behavior, and misreporting time or hours worked, according to a National Business Ethics study. Sharing certain proprietary information when it is against company policy and violating noncompete agreements are also considered ethical violations. Many companies also have a nonfraternization policy that restricts managers from socializing with nonmanagement employees.
  10. Harassment. Engagement of sexual harassment, bullying, or other types of harassment would be considered an issue to be dealt with immediately and, depending on the severity, may result in immediate termination.
  11. Employee conduct outside the workplace. Speaking poorly of the organization on blogs or Facebook is an example of conduct occurring outside the workplace that could violate company policy. Violating specific company policies outside work could also result in termination. For example, in 2010, thirteen Virgin Atlantic employees were fired after posting criticisms about customers and joking about the lack of safety on Virgin airplanes in a public Facebook group. In another example, an NFL Indianapolis Colts cheerleader was fired after racy Playboy promotional photos surfaced (before she became a cheerleader) that showed her wearing only body paint.

While certainly not exhaustive, this list provides some insight into the types of problems that may be experienced. As you can see, some of these problems are more serious than others. Some issues may only require a warning, while some may require immediate dismissal. As an HR professional, it is your job to develop policies and procedures for dealing with such problems. Let's discuss these next.


Fortune 500 Focus

To handle attendance problems at many organizations, a no-fault attendance plan is put into place. In this type of plan, employees are allowed a certain number of absences; when they exceed that number, a progressive discipline process begins and might result in dismissal of the employee. A no-fault attendance policy means there are no excused or unexcused absences, and all absences count against an employee. For example, a company might give one point for an absence that is called in the night before work, a half point for a tardy, and two points for a no-call and no-show absence. When an employee reaches a certain number determined by the company, he or she is disciplined. This type of policy is advantageous in industries in which unplanned absences have a direct effect on productivity, such as manufacturing and production. Another advantage is that managers do not need to make judgment calls on what is an excused versus an unexcused absence, and this can result in fairness to all employees.

One such company with a no-fault attendance policy is Verizon Communications. However, the Equal Employment Opportunity Commission (EEOC) investigated this policy and announced that Verizon will pay $20 million to resolve a disability discrimination lawsuit. The lawsuit said that the company, through use of the no-fault attendance policy, denied reasonable accommodations required by the Americans with Disabilities Act (ADA). As a result, hundreds of Verizon employees were disciplined or fired. In this case, the EEOC cites paid or unpaid leave as one way for an employer to provide reasonable accommodations for an employee with a disability. The policy specified there would be no exceptions made to the no-fault attendance policy to accommodate employees with ADA disabilities. When discussing the case, the EEOC chair justified the agency's position by saying, "Flexibility on leave can enable a worker with a disability to remain employed and productive, a win for the worker, employer, and the economy. By contrast, an inflexible leave policy may deny workers with disabilities a reasonable accommodation". Part of the settlement also involved additional training to Verizon employees on ADA and how to administer the attendance plan. This successful lawsuit shows that even the most seemingly clear performance expectations must be flexible to meet legal obligations.


Human Resource Recall

What would you do if you saw a coworker taking a box of pens home from the office?


What Influences Performance?

When an employee isn't performing as expected, it can be very disapointing. When you consider the amount of time it takes to recruit, hire, and train someone, it can be disappointing to find that a person has performance issues. Sometimes performance issues can be related to something personal, such as drug or alchol abuse, but often it is a combination of factors. Some of these factors can be internal while others may be external. Internal factors may include the following:

  1. Career goals are not being met with the job.
  2. There is conflict with other employees or the manager.
  3. The goals or expectations are not in line with the employee's abilities.
  4. The employee views unfairness in the workplace.
  5. The employee manages time poorly.
  6. The employee is dissatisfied with the job.

Some of the external factors may include the following:

  1. The employee doesn't have correct equipment or tools to perform the job.
  2. The job design is incorrect.
  3. External motivation factors are absent.
  4. There is a lack of management support.
  5. The employee's skills and job are mismatched.

All the internal reasons speak to the importance once again of hiring the right person to begin with. The external reasons may be something that can be easily addressed and fixed. Whether the reason is internal or external, performance issues must be handled in a timely manner.


Defining Discipline

If an employee is not meeting the expectations, discipline might need to occur. Discipline is defined as the process that corrects undesirable behavior. The goal of a discipline process shouldn't necessarily be to punish, but to help the employee meet performance expectations. Often supervisors choose not to apply discipline procedures because they have not documented past employee actions or did not want to take the time to handle the situation. When this occurs, the organization lacks consistency among managers, possibility resulting in motivational issues for other employees and loss of productivity.

To have an effective discipline process, rules and policies need to be in place and communicated so all employees know the expectations. Here are some guidelines on creation of rules and organizational policies:

  1. All rules or procedures should be in a written document.
  2. Rules should be related to safety and productivity of the organization.
  3. Rules should be written clearly, so no ambiguity occurs between different managers.
  4. Supervisors, managers, and human resources should communicate rules clearly in orientation, training, and via other methods.
  5. Rules should be revised periodically, as the organization's needs change.

Of course, there is a balance between too many "rules" and giving employees freedom to do their work. However, the point of written rules is to maintain consistency. Suppose, for example, you have a manager in operations and a manager in marketing. They both lead with a different style; the operations manager has a more rigid management style, while the marketing manager uses more of a laissez-faire approach. Suppose one employee in each of the areas is constantly late to work. The marketing manager may not do anything about it, while the operations manager may decide each tardy day merits a "write-up," and after three write-ups, the employee is let go. See how lack of consistency might be a problem? If this employee is let go, he or she might be able to successfully file a lawsuit for wrongful termination, since another employee with the same performance issue was not let go. Wrongful termination means an employer has fired or laid off an employee for illegal reasons, such as violation of antidiscrimination laws or violation of oral and/or written employee agreements. To avoid such situations, a consistent approach to managing employee performance is a crucial part of the human resources job.


The Role of the Performance Appraisal in Discipline

Besides the written rules, each individual job analysis should have rules and policies that apply to that specific job, but it is worth a mention here as well. The performance appraisal is a systematic process to evaluate employees on (at least) an annual basis. The organization's performance appraisal and general rules and policies should be the tools that measure the employee's overall performance. If an employee breaks the rules or does not meet expectations of the performance appraisal, the performance issue model, which we will discuss next, can be used to correct the behavior.


Performance Issue Model

Because of the many varieties of performance issues, we will not discuss how to handle each type in detail here. Instead, we present a model that can be used to develop policies around performance, for fairness and consistency.

We can view performance issues in one of five areas. First, the mandated issue is serious and must be addressed immediately. Usually, the mandated issue is one that goes beyond the company and could be a law. Examples of mandated issues might include an employee sharing information that violates privacy laws, not following safety procedures, or engaging in sexual harassment. For example, let's say a hospital employee posts something on his Facebook page that violates patient privacy. This would be considered a mandated issue (to not violate privacy laws) and could put the hospital in serious trouble. These types of issues need to be handled swiftly. A written policy detailing how this type of issue would be handled is crucial. In our example above, the policy may state that the employee is immediately fired for this type of violation. Or, it may mean this employee is required to go through privacy training again and is given a written warning. Whatever the result, developing a policy on how mandated issues will be handled is important for consistency.

The second performance issue can be called a single incident. Perhaps the employee misspeaks and insults some colleagues or perhaps he or she was over budget or late on a project. These types of incidents are usually best solved with a casual conversation to let the employee know what he or she did wasn't appropriate. Consider this type of misstep a development opportunity for your employee. Coaching and working with the employee on this issue can be the best way to nip this problem before it gets worse.

Figure 10.1 The Process for Handling Performance Issues

figure 10.1

Often when single incidents are not immediately corrected, they can evolve into a behavior pattern, which is our third type of performance issue. This can occur when the employee doesn't think the incident is a big deal because he hasn't been correct before or may not even realize his is doing something wrong. In this case, it's important to talk with the employee and let him know what is expected.

If the employee has been corrected for a behavior pattern but continues to exhibit the same behavior, we call this a persistent pattern. Often you see employees correct the problem after an initial discussion but then fall back into old habits. If they do not self-correct, it could be they do not have the training or the skills to perform the job. In this phase of handling performance issues, it is important to let the employee know that the problem is serious and further action will be taken if it continues. If you believe the employee just doesn't have the skills or knowledge to perform the job, asking him or her about this could be helpful to getting to the root of the problem as well. If the employee continues to be nonperforming, you may consider utilizing the progressive discipline process before initiating an employee separation. However, investigating the performance issue should occur before implementing any sort of discipline.


Investigation of Performance Issues

When an employee is having a performance issue, often it is our responsibility as HR professionals to investigate the situation. Training managers on how to document performance failings is the first step in this process. Proper documentation is necessary should the employee need to be terminated later for the performance issue. The documentation should include the following information:

  1. Date of incident
  2. Time of incident
  3. Location (if applicable) of incident
  4. A description of the performance issue
  5. Notes on the discussion with the employee on the performance issue
  6. An improvement plan, if necessary
  7. Next steps, should the employee commit the same infraction
  8. Signatures from both the manager and employee

With this proper documentation, the employee and the manager will clearly know the next steps that will be taken should the employee commit the infraction in the future. Once the issue has been documented, the manager and employee should meet about the infraction. This type of meeting is called an investigative interview and is used to make sure the employee is fully aware of the discipline issue. This also allows the employee the opportunity to explain his or her side of the story. These types of meetings should always be conducted in private, never in the presence of other employees.

In unionized organizations, however, the employee is entitled to union representation at the investigative interview. This union representation is normally called interest based bargaining referring to a National Labor Relations Board case that went to the United States Supreme Court in 1975. Recently, Weingarten rights continued to be protected when Alonso and Carus Ironworks was ordered to cease and desist from threatening union representatives who attempted to represent an employee during an investigative interview.


Options for Handling Performance Issues

Our last phase of dealing with employee problems would be a disciplinary intervention. Often this is called the progressive discipline process. It refers to a series of steps taking corrective action on nonperformance issues. The progressive discipline process is useful if the offense is not serious and does not demand immediate dismissal, such as employee theft. The progressive discipline process should be documented and applied to all employees committing the same offenses. The steps in progressive discipline normally are the following:

  1. First offense: Unofficial verbal warning. Counseling and restatement of expectations.
  2. Second offense: Official written warning, documented in employee file.
  3. Third offense: Second official warning. Improvement plan (discussed later) may be developed. Documented in employee file.
  4. Fourth offense: Possible suspension or other punishment, documented in employee file.
  5. Fifth offense: Termination and/or alternative dispute resolution.


University of Iowa's Progressive Discipline Process

The chart below shows the typical progressive discipline process at the University of Iowa:

the seven tests of just cause

The Seven Tests of Just Cause

The seven test[s] of just cause represent a practical and effective way to determine whether a proposed disciplinary action is firmly and fairly grounded. It is fair to assume that these tests will be applied by arbitrators in the event that disciplinary actions are challenged, and it is therefore good practice to apply them prospectively when considering the imposition of progressive discipline.

Seven tests:

  1. Notice

    • Prior to imposition of discipline, employee must have notice of rules and expectations.
    • Establish through:

      • New employee orientation

        • Orientation checklists
        • Receipts for departmental handbooks
    • Periodic reinforcement/coaching
  2. Reasonable Rules and Orders

    • Cannot be inconsistent with collective bargaining agreement(s)
    • Cannot be arbitrary or capricious
    • Must be reasonably related to business necessity
  3. Investigation

    • Must be thorough; consider all evidence, pro and con.
    • Must be timely:

      • Should be completed expeditiously
      • Occurs before discipline imposed
    • Give accused opportunity to respond (Loudermill hearing).
    • Allow union representation (Weingarten rights).
  4. Fair Investigation

    • Result must not be forgone conclusion.
    • Test assumptions/bias.
  5. Proof

    • Level of proof is normally substantial evidence.
    • Greater proof required for more serious allegations.
  6. Equal Treatment

    Equal treatment must be balanced against just application:

    • Rules must be applied even-handedly and without discrimination.
    • Rules must be applied justly.
    • Don't blindly apply the same rule to all situations - managers/supervisors are expected to exercise judgment.
  7. Penalty

    • Must be fair, not arbitrary and capricious, or based on emotional response.
    • Factor in length of service, prior performance history, and previous progressive discipline.

Another option for handling continued infractions is to consider putting the employee on an improvement plan, which outlines the expectations and steps the employee should take to improve performance. The plan is detailed and outlined and ensures both parties understand the specific expectations for improvement. If the improvement plan does not work, a progressive discipline process might be used.

Figure 10.2 Sample of a Performance Improvement Plan

figure 10.2

Whichever direction is taken with disciplining of the employee, documentation is key throughout the process to avoid wrongful termination issues.


Alternative Dispute Resolution

Another option in handling disputes, performance issues, and terminations is alternative dispute resolution (ADR). This method can be effective in getting two parties to come to a resolution. In ADR, an unbiased third party looks at the facts in the case and tries to help the parties come to an agreement. In mediation, the third party facilitates the resolution process, but the results of the process are not binding for either party. This is different from arbitration, in which a person reviews the case and makes a resolution or a decision on the situation. The benefits of ADR are lower cost and flexibility, as opposed to taking the issue to court.

Some organizations use a step-review system. In this type of system, the performance issue is reviewed by consecutively higher levels of management, should there be disagreement by the employee in a discipline procedure. Some organizations also implement a peer resolution system. In this type of system, a committee of management and employees is formed to review employee complaints or discipline issues. In this situation, the peer review system normally involves the peer group reviewing the documentation and rendering a decision. Another type of ADR is called the ombudsman system. In this system, a person is selected (or elected) to be the designated individual for employees to go to should they have a complaint or an issue with a discipline procedure. In this situation, the ombudsman utilizes problem-solving approaches to resolve the issue. For example, at National Geographic Traveler Magazine an ombudsman handles employee complaints and issues and also customer complaints about travel companies.

Example of Mediation in Action


This longer video shows an example of dispute mediation between two employees.


Employee Separation

Employee separation can occur in any of these scenarios. First, the employee resigns and decides to leave the organization. Second, the employee is terminated for one or more of the performance issues listed previously. Lastly, absconding is when the employee decides to leave the organization without resigning and following the normal process. For example, if an employee simply stops showing up to work without notifying anyone of his or her departure, this would be considered absconding. Let's discuss each of these in detail. Employee separation costs can be expensive. In the second quarter in 2011, for example, Halliburton reported $8 million in employee separation costs.


Employee Separations and Layoffs

Resignation means the employee chooses to leave the organization. First, if an employee resigns, normally he or she will provide the manager with a formal resignation e-mail. Then the HR professional usually schedules an exit interview, which can consist of an informal confidential discussion as to why the employee is leaving the organization. If HR thinks the issue or reasons for leaving can be fixed, he or she may discuss with the manager if the resignation will be accepted. Assuming the resignation is accepted, the employee will work with the manager to determine a plan for his or her workload. Some managers may prefer the employee leave right away and will redistribute the workload. For some jobs, it may make sense for the employee to finish the current project and then depart. This will vary from job to job, but two weeks' notice is normally the standard time for resignations.

If it is determined an employee should be terminated, different steps would be taken than in a resignation. First, documentation is necessary, which should have occurred in the progressive discipline process. Performance appraisals, performance improvement plans, and any other performance warnings the employee received should be readily available before meeting with the employee. It should be noted that the reliability and validity of performance appraisals should be checked before dismissing an employee based upon them. Questionable performance appraisals come from the real-world conditions common to rating situations, particularly because of limitations in the abilities of the raters.

Remember that if the discipline process is followed as outlined prior, a termination for nonperformance should never be a surprise to an employee. Normally, the manager and HR manager would meet with the employee to deliver the news. It should be delivered with compassion but be direct and to the point. Depending on previous contracts, the employee may be entitled to a severance package. A severance package can include pay, benefits, or other compensation for which an employee is entitled when they leave the organization. The purpose of a severance plan is to assist the employee while he or she seeks other employment. The HR professional normally develops this type of package in conjunction with the manager. Some considerations in developing a severance package (preferably before anyone is terminated) might include the following:

  1. How the severance will be paid (i.e., lump sum or in x equal increments)
  2. Which situations will pay a severance and which will not. For example, if an employee is terminated for violation of a sexual harassment policy, is a severance still paid?
  3. A formula for how severance will be paid, based on work group, years with the organization, etc.
  4. Legal documents, such as legal releases and noncompete agreements
  5. How accrued vacation and/or sick leave will be paid, if at all

The last topic that we should discuss in this section is the case of an absconded employee. If an employee stops showing up to work, a good effort to contact this person should be the first priority. If after three days this person has not been reachable and has not contacted the company, it would be prudent to stop pay and seek legal help to recover any company items he or she has, such as laptops or parking passes.

Sometimes rather than dealing with individual performance issues and/or terminations, we find ourselves having to perform layoffs of several to hundreds of employees. Let's address your role in this process next.


Rightsizing and Layoffs

Rightsizing refers to the process of reducing the total size of employees, to ultimately save on costs. Downsizing ultimately means the same thing as rightsizing, but the usage of the word has changed in that rightsizing seems to define the organization's goals better, which would be to reduce staff to save money, or rightsize. When a company decides to rightsize and, ultimately, engage in layoffs, some aspects should be considered.

First, is the downturn temporary? There is nothing worse than laying people off, only to find that as business increases, you need to hire again. Second, has the organization looked at other ways to cut expenses? Perhaps cutting expenses in other areas would be advisable before choosing to lay people off. Finally, consideration should be given to offering temporary sabbaticals, voluntary retirement, or changing from a full- to part-time position. Some employees may even be willing to take a temporary pay cut to reduce costs. Organizations find they can still keep good people by looking at some alternatives that may work for the employee and the organization, even on a temporary basis.

If the company has decided the only way to reduce costs is to cut full-time employees, this is often where HR should be directly involved to ensure legal and ethical guidelines are met. Articulating the reasons for layoffs and establishing a formalized approach to layoffs is the first consideration. Before it is decided who should get cut, criteria should be developed on how these decisions will be made. Similar to how selection criteria might be developed, the development of criteria that determines which jobs will be cut makes the process of cutting more fair, albeit still difficult. Establishing the criteria ahead of time can also help avoid managers' trying to "save" certain people from their own departments. After development of criteria, the next phase would be to sit down with management and decide who does or doesn't meet the criteria and who will be laid off. At this point, before the layoffs happen, it makes sense to discuss severance packages. Usually, when an employee signs for a severance package, the employee should also sign a form (the legal department can help with this) that releases the organization from all future claims made by the employee.

After criteria have been developed, people selected, and severance packages determined, it's key to have a solid communication plan as to how the layoffs will be announced. Usually, this involve an initial e-mail to all employees, letting them know of impending layoffs. Speak with each employee separately, then announce which positions were eliminated. The important thing to remember during layoffs is keeping your employees' dignity; they did not do anything wrong to lose their job - it was just a result of circumstances.


Announcing Layoffs



We know that communicating a layoff announcement is important. This video, starring Kermit the Frog, is a good example of how not to announce layoffs - even on Sesame Street.


Key Takeaways

  • Performance issues in the workplace are common. Examples of performance issues might include constant tardiness, too much time at work handling personal issues, mishandling of proprietary information, family issues, drug and alcohol problems, nonperformance, theft, or conflicts in the workplace.
  • Employees choose to leave organizations for internal and external reasons. Some of these may include a mismatch of career goals, conflict, too high expectations, time-management issues, and mismatch of job and skills.
  • HR professionals should develop a set of policies that deal with performance issues in the workplace. The advantage of having such a policy is that it can eliminate wrongful termination legal action.
  • A mandated issue is usually one that deals with safety or legal issues that go beyond the workplace. An infringement of this type of issue requires immediate attention.
  • A single incident may include a misstep of the employee, and he or she should immediately be spoken with to ensure it doesn't happen again.
  • A behavior pattern occurs when an employee consistently exhibits a performance issue. This type of issue should be discussed with the employee and plans taken, such as more training, to ensure it does not continue. A persistent pattern occurs when an employee consistently exhibits a performance issue and does not improve, despite HR's talking with him or her.
  • At some point during the persistent pattern, disciplinary action will likely need to be taken. It is important to develop consistent procedures on how to record and handle disciplinary issues. Most employers use a progressive discipline process to accomplish this goal.
  • Employee separation occurs in one of three ways. First, the employee resigns from the organization. Second, the employee is terminated for performance issues, and third, an employee absconds. Absconds means the employee abandons his or her job without submitting a formal resignation.
  • In some cases, a severance package may be offered to the employee upon his or her departure from the organization.
  • Rightsizing is a term used when an organization must cut costs through layoffs of employees. Development of criteria for layoffs, communication, and severance package discussion are all parts of this process.

Exercises

  1. What are some considerations before developing a severance package? What are the advantages of offering a severance package to your departing employees?
  2. What are some common performance issues? What is HR's role in handling these issues?
  3. What process should you use to initiate layoffs?

Source: Saylor Academy, https://saylordotorg.github.io/text_human-resource-management/s14-managing-employee-performance.html
Creative Commons License This work is licensed under a Creative Commons Attribution 3.0 License.

Employee Rights

Learning Objectives

  1. Be able to explain employee rights.
  2. Define unions and explain their relation to the HRM function.

Employee rights is defined as the ability to receive fair treatment from employers. This section will discuss employee rights surrounding job protection, privacy, and unionization.


Job Protection Rights

If HR doesn't understand or properly manage employee rights, lawsuits are sure to follow. It is the HR professional's job to understand and protect the rights of employees. In the United States, the employment-at-will principle (EAW) is the right of an employer to fire an employee or an employee to leave an organization at any time, without any specific cause. The EAW principle gives both the employee and employer freedom to terminate the relationship at any time. There are three main exceptions to this principle, and whether they are accepted is up to the various states:

  1. Public policy exception. With a public policy exception, an employer may not fire an employee if it would violate the individual state's doctrine or statute. For example, in Borse v. Piece Goods Shop in Pennsylvania, a federal circuit court of appeals ruled that Pennsylvania law may protect at-will employees from being fired for refusing to take part in drug test programs if the employee's privacy is invaded. Borse contended that the free speech provisions of the state and of the First Amendment protected the refusal to participate. Some public policy exceptions occur when an employee is fired for refusing to violate state or federal law.
  2. Implied contract exception. In a breach of an implied contract, the discharged employee can prove that the employer indicated that the employee has job security. The indication does not need to be formally written, only implied. In Wright v. Honda, an Ohio employee was terminated but argued that the implied contract exception was relevant to the employment-at-will doctrine. She was able to prove that in orientation, Honda stressed to employees the importance of attendance and quality work. She was also able to prove that the language in the associate handbook implied job security: "the job security of each employee depends upon doing your best on your job with the spirit of cooperation". Progress reports showing professional development further solidified her case, as she had an implied contract that Honda had altered the employment-at-will doctrine through its policies and actions.
  3. Good faith and fair dealing exception. In the good faith and fair dealing exception, the discharged employee contends that he was not treated fairly. This exception to the employment-at-will doctrine is less common than the first two. Examples might include firing or transferring of employees to prevent them from collecting commissions, misleading employees about promotions and pay increases, and taking extreme actions that would force the employee to quit.

Table 10.1 State's Acceptance of Employment-at-Will Exceptions

State Public-Policy Exception Implied-Contract Exception Good Faith and Fair Dealing Exception
Alabama no yes yes
Alaska yes yes yes
Arizona yes yes yes
Arkansas yes yes no
California yes yes yes
Colorado yes yes no
Connecticut yes yes no
Delaware yes no yes
District of Columbia yes yes no
Florida no no no
Georgia no no no
Hawaii yes yes no
Idaho yes yes yes
Illinois yes yes no
Indiana yes no no
Iowa yes yes no
Kansas yes yes no
Kentucky yes yes no
Louisiana no no no
Maine no yes no
Maryland yes yes no
Massachusetts yes no yes
Michigan yes yes no
Minnesota yes yes no
Mississippi yes yes no
Missouri yes no no
Montana yes no no
Nebraska no yes no
Nevada yes yes yes
New Hampshire yes yes no
New Jersey yes yes no
New Mexico yes yes no
New York no yes no
North Carolina yes no no
North Dakota yes yes no
Ohio yes yes no
Oklahoma yes yes no
Oregon yes yes no
Pennsylvania yes no no
Rhode Island no no no
South Carolina yes yes No
South Dakota yes yes no
Tennessee yes yes no
Texas yes no no
Utah yes yes yes
Vermont yes yes no
Virginia yes no no
Washington yes yes no
West Virginia yes yes no
Wisconsin yes yes no
Wyoming yes yes yes
Bold text indicates a state with all three exceptions.
Italic text indicates a state with none of the three exceptions.


When one of the exceptions can be proven, wrongful discharge accusations may occur. The United States is one of the few major industrial powers that utilize an employment-at-will philosophy. Most countries, including France and the UK, require employers to show just cause for termination of a person's employment. The advantage of employment at will allows for freedom of employment; the possibility of wrongful discharge tells us that we must be prepared to defend the termination of an employee, as to not be charged with a wrongful discharge case.

Employees also have job protection if they engage in whistleblowing. Whistleblowing refers to an employee's telling the public about ethical or legal violations of his or her organization. This protection was granted in 1989 and extended through the Sarbanes-Oxley Act of 2002. Many organizations create whistleblowing policies and a mechanism to report illegal or unethical practices within the organization.

Another consideration for employee job protection is that of an implied contract. It is in the best interest of HR professionals and managers alike to avoid implying an employee has a contract with the organization. In fact, many organizations develop employment-at-will policies and ask their employees to sign these policies as a disclaimer for the organization.

A constructive discharge means the employee resigned, but only because the work conditions were so intolerable that he or she had no choice. For example, if James is being sexually harassed at work, and it is so bad he quits, he would need to prove not only the sexual harassment but that it was so bad it required him to quit. This type of situation is important to note; should James's case go to court and sexual harassment and constructive discharge are found, James may be entitled to back pay and other compensation.

The Worker Adjustment and Retraining Notification Act (WARN) requires organizations with more than one hundred employees to give employees and their communities at least sixty days' notice of closure or layoff affecting fifty or more full-time employees. This law does not apply in the case of unforeseeable business circumstances. If an employer violates this law, it can be subject to back pay for employees. This does not include workers who have been with the organization for less than six months, however.

Retaliatory discharge means punishment of an employee for engaging in a protected activity, such as filing a discrimination charge or opposing illegal employer practices. For example, it might include poor treatment of an employee because he or she filed a workers' compensation claim. Employees should not be harassed or mistreated should they file a claim against the organization.


Privacy Rights

Technology makes it possible to more easily monitor aspects of employees' jobs, although a policy on this subject should be considered before implementing it. In regard to privacy, a question exists whether an employer should be allowed to monitor an employee's online activities. This may include work e-mail, websites visited using company property, and also personal activity online.

Digital Footprints, Inc. is a company that specializes in tracking the digital movements of employees and can provide reports to the organization by tracking these footprints. This type of technology might look for patterns, word usage, and other communication patterns between individuals. This monitoring can be useful in determining violations of workplace policies, such as sexual harassment. This type of software and management can be expensive, so before launching it, it's imperative to address its value in the workplace.

Another privacy concern can include monitoring of employee postings on external websites. Companies such as Social Sentry, under contract, monitor employee postings on sites such as Facebook, Twitter, LinkedIn, and YouTube. Lawyers warn, however, that this type of monitoring should only be done if the employee has consented. A monitoring company isn't always needed to monitor employees' movements on social networking. And sometimes employees don't even have to tweet something negative about their own company to lose their job. A case in point is when Chadd Scott, who does Atlanta sports updates for 680/The Fan, was fired for tweeting about Delta Airlines. In his tweet, he complained about a Delta delay and said they did not have enough de-icing fluid. Within a few hours, he was fired from his job, because Delta was a sponsor of 680/The Fan.

The US Patriot Act also includes caveats to privacy when investigating possible terrorist activity. The Patriot Act requires organizations to provide private employee information when requested. Overall, it is a good idea to have a clear company policy and perhaps even a signed waiver from employees stating they understand their activities may be monitored and information shared with the US government under the Patriot Act.

Depending on the state in which you live, employees may be given to see their personnel files and the right to see and correct any incorrect information within their files. Medical or disability information should be kept separate from the employee's work file, per the Americans with Disabilities Act. In addition, the Health Insurance Portability and Accountability Act (HIPAA) mandates that health information should be private, and therefore it is good practice to keep health information in a separate file as well.

Finally, drug testing and the right to privacy is a delicate balancing act. Organizations that implement drug testing often do so for insurance or safety reasons. Because of the Drug-Free Workplace Act of 1988, some federal contractors and all federal grantees must agree they will provide a drug-free workplace, as a condition of obtaining the contract. The ADA does not view testing for illegal drug use as a medical examination (making them legal), and people using illegal drugs are not protected under the ADA; however, people covered under ADA laws are allowed to take medications directly related to their disability. In a recent case, Bates v. Dura Automotive Systems, an auto parts manufacturer had a high accident rate and decided to implement drug testing to increase safety. Several prescription drugs were banned because they were known to cause impairment. The plaintiffs in the case had been dismissed from their jobs because of prescription drug use, and they sued, claiming the drug-testing program violated ADA laws. However, the Sixth Circuit Court reversed the case because the plaintiffs were not protected under ADA laws (they did not have a documented disability).

In organizations where heavy machinery is operated, a monthly drug test may be a job requirement. In fact, under the Omnibus Transportation Employee Testing Act of 1991, employers are legally required to test for drugs in transportation-related businesses such as airlines, railroads, trucking, and public transportation, such as bus systems. Medical marijuana is a relatively new issue that is still being addressed in states that allow its use. For example, if the company requires a drug test and the employee shows positive for marijuana use, does asking the employee to prove it is being used for medical purposes violate HIPAA privacy laws? This issue is certainly one to watch over the coming years.

Figure 10.3 Sample Policies on Privacy Relating to Technology

Figure 10.3 Sample Policies on Privacy Relating to Technology

Human Resource Recall

What does the term retaliatory discharge mean?


Labor Unions

A union is an organization of employees formed to bargain with an employer. It is important to mention unions here, since labor contracts often guide the process for layoffs and discipline. Labor unions have been a part of the US workplace landscape since the late 1920s, but the Wagner Act of 1935 significantly impacted labor and management relations by addressing several unfair labor practices. The National Labor Relations Board is responsible for administering and enforcing the provisions outlined in the Wagner Act. The act made acts such as interfering with the formation of unions and discriminating on the basis of union membership illegal for employers. By the 1940s, 9 million people were members of a union, which spurred the passage of the Taft-Hartley Act. This act set a new set of standards for fair practices by the unions, within a unionized environment.

The purpose of a union is to give collective bargaining power to a group of individuals. For example, instead of one person negotiating salary, a union gives people the power to bargain as a group, creating a shift from the traditional power model. Issues to negotiate can include pay, health benefits, working hours, and other aspects relating to a job. People often decide to form a union if they perceive the organization or management of the organization is treating them unfairly. Some people also believe that belonging to a union means higher wages and better benefits.

Many employers feel it is not in the best interest of the organization to unionize, so they will engage in strategies to prevent unionization. However, the Taft-Hartley Act says that employers can express their views about unions but may not threaten employees with loss of job or other benefits if they unionize. Some of the talking points an organization might express about unions include the following:

  1. Less ability to deal more informally with the organization
  2. Possibility of strikes
  3. Payment of union dues by employees
  4. Emphasis on what positive aspects the employer has provided

If employees still unionize, managers and HR professionals alike will engage in the bargaining process. The collective bargaining process is the process of negotiating an agreement between management and employees. This process ultimately defines the contract terms for employees. In negotiating with the union, being prepared is important. Gathering data of what worked with the old contract and what didn't can be a good starting point. Understanding the union's likely requests and preparing a counteraction to these requests and possible compromises should be done before even sitting down to the bargaining table. One of the better strategies for negotiating a contract is called interest-based bargaining. In this type of bargaining, mutual interests are brought up and discussed, rather than each party coming to the table with a list of demands. This can create a win-win situation for both parties.

Once an agreement has been decided, the union members vote whether to accept the new contract. If the contract is accepted, the next task is to look at how to administer the agreement.

First, the HR professional must know the contract well to administer it well. For example, if higher pay is successfully negotiated, obviously it would be the job of HR to implement this new pay scale. The HR professional may need to develop new sets of policies and procedures when a new agreement is in place. One such procedure HR may have to work with occasionally is the grievance process, the grievance process is a formal way by which employees can submit a complaint regarding something that is not administered correctly in the contract. Usually, the grievance process will involve discussions with direct supervisors first, discussions with the union representative next, and then the filing of a formal, written grievance complaint. Management is then required to provide a written response to the grievance, and depending on the collective bargaining agreement, a formalized process is stated on how the appeals process would work, should the grievance not be solved by the management response. One such example is the dismissal of members of the National Air Traffic Controller Association (union). In 2011, of the 140 proposed dismissals of air traffic controllers, 58 had penalties rescinded, reduced, or deferred. This is because of due-process protections used to prevent mass firings when a new administration comes to power. Federal workers, including controllers, can challenge disciplinary action penalties through a government panel called the Merit Systems Protection Board. The process is described in union contracts and mentions involvement of an arbitrator, if necessary.


How Would You Handle This?

To Join or Not to Join

As the HR manager for a two-hundred-person company, you have always worked hard to ensure that workers received competitive benefits and salaries. When you hear rumors of the workers' wanting to form a union, you are a little distressed, because you feel everyone is treated fairly. How would you handle this?

How Would You Handle This?



Key Takeaways

  • The employment-at-will principle means that an employer can separate from an employee without cause, and vice versa.
  • Even though we have employment at will, a wrongful discharge can occur when there are violations of public policy, an employee has a contract with an employer, or an employer does something outside the boundaries of good faith.
  • Whistleblowing is when an employee notifies organizations of illegal or unethical activity. Whistleblowers are protected from discharge due to their activity.
  • A constructive discharge means the conditions are so poor that the employee had no choice but to leave the organization.
  • The Worker Adjustment and Retraining Notification Act (WARN) is a law that requires companies of one hundred or more employees to notify employees and the community if fifty or more employees are to be laid off.
  • A retaliatory discharge is one that occurs if an employer fires or lays off an employee owing to a charge the employee filed. For example, if an employee files a workers' compensation claim and then is let go, this could be a retaliatory discharge.
  • The privacy of employees is an issue that HR must address. It is prudent to develop policies surrounding what type of monitoring may occur within an organization. For example, some organizations monitor e-mail, computer usage, and even postings on social network sites.
  • Drug testing is also a privacy issue, although in many industries requiring safe working conditions, drug testing can be necessary to ensure the safety of all employees.
  • A union is a group of workers who decide to work together toward a collective bargaining agreement. This agreement allows workers to negotiate as one, rather than as individuals.
  • The Wagner Act, passed in 1935, addresses many issues related to workers' unionization.
  • The process of collective bargaining means to negotiate a contract between management and workers. HR is generally part of this process.
  • Interest based bargaining occurs when mutual interests are discussed, rather than starting with a list of demands.
  • Once an agreement is reached, HR is generally responsible for knowing the agreement and implementing any changes that should occur as a result of the agreement. One such example is understanding the grievance process.


Exercises

  1. Perform an Internet search and find a union agreement. Discuss how the union agreement handles terminations and grievances.
  2. Compare and contrast the differences between a retaliatory discharge and a constructive discharge.

Cases and Problems

Chapter Summary

  • Performance issues in the workplace are common. Examples of performance issues include constant tardiness, too much time at work handling personal issues, mishandling of proprietary information, family issues, drug and alcohol problems, nonperformance, theft, and conflicts in the workplace.
  • Employees choose to leave organizations for internal and external reasons. Some of these may include a mismatch of career goals, conflict, too high expectations, time-management issues, and a mismatch between job and skills.
  • HR professionals should develop a set of policies that deal with performance issues in the workplace. The advantage to having such policies is that they can eliminate wrongful termination legal action.
  • A mandated issue is usually one that deals with safety or legal issues that go beyond the workplace. An infringement of this type of issue requires immediate attention.
  • A single incident may include a misstep of the employee, and the employee should immediately be spoken with about it, to ensure it doesn't happen again.
  • A behavior pattern occurs when an employee consistently exhibits a performance issue. This type of issue should be discussed with the employee and actions taken, such as providing more training, to ensure it does not continue. A persistent pattern occurs when an employee consistently exhibits a performance issue and does not improve, despite HR's talking with him or her.
  • At some point during the persistent pattern, disciplinary action will likely need to be taken. It is important to develop consistent procedures on how to record and handle disciplinary issues.
  • Employee separation occurs in one of three ways. First, the employee resigns from the organization. Second, the employee is terminated for performance issues, and third, an employee absconds. Absconds means the employee abandons his or her job without submitting a formal resignation.
  • In some cases, a severance package may be offered to the employee upon his or her departure from the organization.
  • Rightsizing is a term used when an organization must cut costs through layoffs of employees. Development of criteria for layoffs, communication, and severance package discussion are all parts of this process.
  • Employment at will means that an employer can separate from an employee without cause, and vice versa.
  • Even though we have employment at will, a wrongful discharge can occur when there are violations of public policy, an employee has a contract with an employer, or an employer does something outside the boundaries of good faith.
  • Whistleblowing is when an employee notifies organizations of illegal or unethical activity. Whistleblowers are protected from discharge due to their activity.
  • A constructive discharge means the conditions are so poor that the employee has no choice but to leave the organization.
  • The Worker Adjustment and Retraining Notification Act (WARN) is a law that requires companies of one hundred or more employees to notify employees and the community if fifty or more employees are to be laid off.
  • A retaliatory discharge is one that occurs if an employer fires or lays off an employee because of a charge the employee filed. For example, if an employee files a workers' compensation claim and then is let go, this could be a retaliatory discharge.
  • The privacy of employees is an issue that HR must address. It is prudent to develop policies surrounding what type of monitoring may occur within an organization. For example, some organizations monitor e-mail, computer usage, and even postings on social network sites.
  • Drug testing is also a privacy issue, although in many industries requiring safe working conditions, drug testing can be necessary to ensure the safety of all employees.
  • A union is a group of workers who decide to work together toward a collective bargaining agreement. This agreement allows workers to negotiate as one, rather than as individuals.
  • The Wagner Act, passed in 1935, addresses many issues related to workers' unionization.
  • The process of collective bargaining means to negotiate a contract between management and workers. HR is generally part of this process.
  • Interest based bargaining occurs when mutual interests are discussed, rather than starting with a list of demands.
  • Once an agreement is reached, HR is generally responsible for knowing the agreement and implementing any changes that should occur as a result of the agreement. One such example is understanding the grievance process.

Summary

 

 


Chapter Case

Who Goes, Who Stays?

The consulting firm you have worked for over the last year is having some financial troubles. The large contracts it once had are slowly going away, and as your company struggles to make payroll, it is clear that layoffs must occur. The sales staff has not been meeting the sales goals set for them, resulting in incorrect budgets.

It has been decided that at least three people in the sales department should be laid off. You create a spreadsheet with pertinent sales employee data:

Name Title Years with the company Last overall rating on performance evaluation (1–5 scale, 5 being highest) Last year's sales goal met?
Deb Waters Sales Manager 1 3 N/A as her position is managerial
Jeff Spirits Account Manager 5 3 Yes, 1% over
Orlando Chang Account Manager 3 4 Yes, 10% over goal
Jake Toolmeyer Account Manager 2 4 No, 2% under goal
Audrey Barnes Account Manager 5 5 Yes, 15% over goal
Kelly Andrews Account Manager 1 2 No, 20% under goal
Amir Saied Account Manager 8 5 Yes, 5% over goal
Winfrey Jones Account Manager 4 2 No, 10% under goal
  1. Making reasonable assumptions, develop criteria for the layoffs in the sales department.
  2. Develop a plan as to how layoffs will be communicated with the individual as well as within the company.
  3. Discuss strategies to motivate those sales employees who stay with the organization.


Team Activities

  1. In a team of three to four people, discuss each of the situations and determine if you think the employee should receive immediate termination or a progressive discipline process, and provide justification for your responses:

    1. The employee stole one pack of office paper, stating he would be using it at home to perform his job.
    2. An employee posted how boring her job is on a Facebook status update. You know she is Facebook friends with several clients.
    3. The employee groped a colleague in the break room.
    4. You saw the employee's résumé posted on LinkedIn, stating she was looking for a new job.
    5. The manager has told you the employee is difficult to work with and not liked by his colleagues.
  2. In teams of three to four, discuss the following situation: Your marketing manager has just told you she plans to dismiss her administrative assistant for nonperformance and needs help designing a severance package. The administrative assistant was with the organization for two-and-a-half years and his current salary is $35,670. What would you suggest he be offered? Discuss and be prepared to share your ideas with the class.

Employee Assessment

A Tough Conversation

As you wake up this morning, you think about the performance evaluation you will give one of your employees, Sean, later this morning. Sean has been with your company for two years, and over the last six months his performance has begun to slide. As the manager, it is your responsibility to talk with him about performance, which you have done on several occasions. However, the performance evaluation will make his nonperformance more formalized. You know that Sean has had some personal troubles that can account for some of the performance issues, but despite this, you really need to get his performance up to par. Your goal in the performance evaluation interview today is to create an improvement plan for Sean, while documenting his nonperformance.

When you arrive at work, you look over the essay rating part of Sean's evaluation. It details two client project deadlines that were missed, as well as the over-budget amounts of the two client projects. It was Sean's responsibility to oversee both aspects of this project. When Sean arrives at your office, you greet him, ask him to take a seat, and begin to discuss the evaluation with him.

"Sean, while you have always been a high performer, these last few months have been lackluster. On two of your projects, you were over budget and late. The client commented on both of these aspects when it filled out the client evaluation. As a result, you can see this is documented in your performance evaluation".

Using defensive nonverbal language, Sean says, "Missing the project deadlines and budget wasn't my fault. Emily said everything was under control, and I trusted her. She is the one who should have a bad performance review".

You say, "Ultimately, as the account director, you are responsible, as outlined in your job description. As you know, it is important to manage the accountability within your team, and in this case, you didn't perform. In fact, in your 360 reviews, several of your colleagues suggested you were not putting in enough time on the projects and seemed distracted".

"I really dislike those 360 reviews. It really is just a popularity contest, anyway," Sean says. "So, am I fired for these two mistakes?" You have worked with people who exhibited this type of defensive behavior before, and you know it is natural for people to feel like they need to defend themselves when having this type of conversation. You decide to move the conversation ahead and focus on future behavior rather than past behavior.

You say, "Sean, you normally add a lot of value to the organization. Although these issues will be documented in your performance evaluation, I believe you can produce high-quality work. As a result, let's work together to develop an improvement plan so you can continue to add value to the organization. The improvement plan addresses project deadlines and budgets, and I think you will find it helpful for your career development".

Sean agrees begrudgingly and you begin to show him the improvement plan document the company uses, so you can fill it out together.

When you head home after work, you think about the day's events and about Sean. As you had suspected, he was defensive at first but seemed enthusiastic to work on the improvement plan after you showed him the document. You feel positive that this performance evaluation was a step in the right direction to ensure Sean continues to be a high producer in the company, despite these mistakes.


Employee Assessment Introduction

 

 

The author introduces the chapter on employee assessment.

Performance Evaluation Systems

Learning Objectives

  1. Define the reasons for a formal performance evaluation system.
  2. Explain the process to develop a performance review system.

A performance evaluation system is a systematic way to examine how well an employee is performing in his or her job. If you notice, the word systematic implies the performance evaluation process should be a planned system that allows feedback to be given in a formal - as opposed to informal - sense. Performance evaluations can also be called performance appraisals, performance assessments, or employee appraisals.

There are four reasons why a systematic performance evaluation system should be implemented. First, the evaluation process should encourage positive performance and behavior. Second, it is a way to satisfy employee curiosity as to how well they are performing in their job. It can also be used as a tool to develop employees. Lastly, it can provide a basis for pay raises, promotions, and legal disciplinary actions.


Designing a Performance Appraisal System

There are a number of things to consider before designing or revising an existing performance appraisal system. Some researchers suggest that the performance appraisal system is perhaps one of the most important parts of the organization, while others suggest that performance appraisal systems are ultimately flawed, making them worthless. For the purpose of this chapter, let's assume we can create a performance appraisal system that will provide value to the organization and the employee. When designing this process, we should recognize that any process has its limitations, but if we plan it correctly, we can minimize some of these.

The first step in the process is to determine how often performance appraisals should be given. Please keep in mind that managers should constantly be giving feedback to employees, and this process is a more formal way of doing so. Some organizations choose to give performance evaluations once per year, while others give them twice per year, or more. The advantage to giving an evaluation twice per year, of course, is more feedback and opportunity for employee development. The downside is the time it takes for the manager to write the evaluation and discuss it with the employee. If done well, it could take several hours for just one employee. Depending on your organization's structure, you may choose one or the other. For example, if most of your managers have five or ten people to manage (this is called span of control), it might be worthwhile to give performance evaluations more than once per year, since the time cost isn't high. If most of your managers have twenty or more employees, it may not be feasible to perform this process more than once per year. To determine costs of your performance evaluations, see Table 11.1 "Estimating the Costs of Performance Evaluations". Asking for feedback from managers and employees is also a good way to determine how often performance evaluations should be given.

Table 11.1 Estimating the Costs of Performance Evaluations

Narrow Span of Control
Average span of control 8
Average time to complete one written review 1 hour
Average time to discuss with employee 1 hour
Administrative time to set up meetings with employees 1/2 hour

8 employees × 2 hours per employee + 1/2 hour administrative time to set up times to meet with employees = 16.5 hours of time for one manager to complete all performance reviews

Wider Span of Control
Average span of control 25
Average time to complete one written review 1 hour
Average time to discuss with employee 1 hour
Administrative time to set up meetings with employees 1 hour

25 employees × 2 hours per employee + 1 hour administrative time to set up times to meet with employees = 51 hours

Once you have the number of hours it takes, you can multiply that by your manager's hourly pay to get an estimated cost to the organization

16 hours × $50 per hour = $850 51 hours × $50 per hour = $2550

Should pay increases be tied to performance evaluations? This might be the second consideration before development of a performance evaluation process. There is research that shows employees have a greater acceptance of performance reviews if the review is linked to rewards.

The third consideration should include goal setting. In other words, what goals does the organization hope to achieve with the performance appraisal process?

Once the frequency, rewards, and goals have been determined, it is time to begin to formalize the process. First, we will need to develop the actual forms that will be used to evaluate each job within the organization. Every performance evaluation should be directly tied with that employee's job description.

Determining who should evaluate the performance of the employee is the next decision. It could be their direct manager (most common method), subordinates, customers or clients, self, and/or peers. Table 11.2 "Advantages and Disadvantages of Each Source for Performance Evaluations" shows some of the advantages and disadvantages for each source of information for performance evaluations. Ultimately, using a variety of sources might garner the best results.

A 360-degree performance appraisal method is a way to appraise performance by using several sources to measure the employee's effectiveness. Organizations must be careful when using peer-reviewed information. For example, in the Mathewson v. Aloha Airlines case, peer evaluations were found to be retaliatory against a pilot who had crossed picket lines during the pilot's union strike against a different airline.

Management of this process can be time-consuming for the HR professional. That's why there are many software programs available to help administer and assess 360 review feedback. Halogen 360, for example, is used by Princess Cruises and media companies such as MSNBC. This type of software allows the HR professional to set criteria and easily send links to customers, peers, or managers, who provide the information requested. Then the data are gathered and a report is automatically generated, which an employee can use for quick feedback. Other similar types of software include Carbon360 and Argos.


Performance Appraisal System Errors

Before we begin to develop our performance review process, it is important to note some of the errors that can occur during this process. First, halo effects can occur when the source or the rater feels one aspect of the performance is high and therefore rates all areas high. A mistake in rating can also occur when we compare one employee to another, as opposed to the job description's standards. Sometimes halo effects will occur because the rater is uncomfortable rating someone low on a performance assessment item. Of course, when this occurs, it makes the performance evaluation less valuable for employee development. Proper training on how to manage a performance appraisal interview is a good way to avoid this.

Validity issues are the extent to which the tool measures the relevant aspects of performance. The aspects of performance should be based on the key skills and responsibilities of the job, and these should be reviewed often to make sure they are still applicable to the job analysis and description.

Reliability refers to how consistent the same measuring tool works throughout the organization (or job title). When we look at reliability in performance appraisals, we ask ourselves if two raters were to rate an employee, how close would the ratings be? If the ratings would be far apart from one another, the method may have reliability issues. To prevent this kind of issue, we can make sure that performance standards are written in a way that will make them measurable. For example, instead of "increase sales" as a performance standard, we may want to say, "increase sales by 10 percent from last year". This performance standard is easily measured and allows us to ensure the accuracy of our performance methods.

Acceptability refers to how well members of the organization, manager and employees, accept the performance evaluation tool as a valid measure of performance. For example, let's assume the current measurement tools of Blewett Gravel, Inc. are in place and show validity for each job function. However, managers don't think the tool is useful because they take too much time. As a result, they spend minimal time on the evaluation. This could mean the current process is flawed because of acceptability error.

Another consideration is the specificity, which tells employees the job expectations and how they can be met. If they are not specific enough, the tool is not useful to the employee for development or to the manager to ensure the employee is meeting expectations. Finally, after we have developed our process, we need to create a time line and educate managers and employees on the process. This can be done through formal training and communicated through company blogs or e-mails. According to Robert Kent,teaching people how to receive benefit from the feedback they receive can be an important part of the process as well.


Performance Appraisal Legal Considerations

The legality of performance appraisals was questioned in 1973 in Brito v. Zia, in which an employee was terminated based on a subjective performance evaluation. Following this important case, employers began to rethink their performance evaluation system and the legality of it.

The Civil Service Reform Act of 1978 set new standards for performance evaluation. Although these standards related only to public sector employees, the Reform Act began an important trend toward making certain performance evaluations were legal. The Reform Act created the following criteria for performance appraisals in government agencies:

  1. All agencies were required to create performance review systems.
  2. Appraisal systems would encourage employee participation in establishing the performance standards they will be rated against.
  3. The critical elements of the job must be in writing.
  4. Employees must be advised of the critical elements when hired.
  5. The system must be based exclusively on the actual performance and critical elements of the job. They cannot be based on a curve, for example.
  6. They must be conducted and recorded at least once per year.
  7. Training must be offered for all persons giving performance evaluations.
  8. The appraisals must provide information that can be used for decision making, such as pay decisions and promotion decisions.

Early performance appraisal research can provide us a good example as to why we should be concerned with the legality of the performance appraisal process. Holley and Field analyzed sixty-six legal cases that involved discrimination and performance evaluation. Of the cases, defendants won thirty-five of the cases. The authors of the study determined that the cases that were won by the defendant had similar characteristics:

  1. Appraisers were given written instructions on how to complete the appraisal for employees.
  2. Job analysis was used to develop the performance measures of the evaluation.
  3. The focus of the appraisal was actual behaviors instead of personality traits.
  4. Upper management reviewed the ratings before the performance appraisal interview was conducted.

This tells us that the following considerations should be met when developing our performance appraisal process:

  1. Performance standards should be developed using the job analysis and should change as the job changes.
  2. Provide the employees with a copy of the evaluation when they begin working for the organization, and even consider having the employees sign off, saying they have received it.
  3. All raters and appraisers should be trained.
  4. When rating, examples of observable behavior (rather than personality characteristics) should be given.
  5. A formal process should be developed in the event an employee disagrees with a performance review.

Now that we have discussed some of the pitfalls of performance appraisals, we can begin to discuss how to develop the process of performance evaluations.

Table 11.2 Advantages and Disadvantages of Each Source for Performance Evaluations

Source Advantages Disadvantages
Manager/Supervisor Usually has extensive knowledge of the employee's performance and abilities Bias
Favoritism
Self Self-analysis can help with employee growth In the employee's interest to inflate his or her own ratings
Peer Works well when the supervisor doesn't always directly observe the employee Relationships can create bias in the review
Can bring a different perspective, since peers know the job well If evaluations are tied to pay, this can put both the employee and the peer in an awkward situation
If confidential, may create mistrust within the organization
Customer/Client Customers often have the best view of employee behavior Can be expensive to obtain this feedback
Can enhance long-term relationships with the customer by asking for feedback Possible bias
Subordinate Data garnered can include how well the manager treats employees Possible retaliation if results are not favorable
Can determine if employees feel there is favoritism within their department Rating inflation
Subordinates may not understand the "big picture" and rate low as a result
Can be used as a self-development tool for managers If confidential, may create mistrust within the organization
If nothing changes despite the evaluation, could create motivational issues among employees


Human Resource Recall

What are the steps we should take when developing a performance review process?


Key Takeaways

  • A performance evaluation system is a systematic way to examine how well an employee is performing in his or her job.
  • The use of the term systematic implies the process should be planned.
  • Depending on which research you read, some believe the performance evaluation system is one of the most important to consider in HRM, but others view it as a flawed process, which makes it less valuable and therefore ineffective.
  • The first step in designing a performance appraisal process is to determine how often the appraisals will be given. Consideration of time and effort to administer the evaluation should be a deciding factor.
  • Many companies offer pay increases as part of the system, while some companies prefer to separate the process. Determine how this will be handled in the next step in the performance appraisal development process.
  • Goals of the performance evaluation should be discussed before the process is developed. In other words, what does the company hope to gain from this process? Asking managers and employees for their feedback on this is an important part of this consideration.
  • After determining how often the evaluations should be given, if pay will be tied to the evaluations and goals, you can now sit down and develop the process. First, determine what forms will be used to administer the process.
  • After you have determined what forms will be used (or developed), determine who will be the source for the information. Perhaps managers, peers, or customers would be an option. A 360 review process combines several sources for a more thorough review.
  • There are some errors that can occur in the process. These include halo effects or comparing an employee to another as opposed to rating employees only on the objectives. Other errors might include validity, reliability, acceptability, and specificity.
  • Performance evaluations should always be based on the actual job description.
  • Our last step in development of this process is to communicate the process and train employees and managers on the process. Also, training on how best to use feedback is the final and perhaps most important step of the process.


Exercises

  1. Perform an Internet search on 360 review software. Compare at least two types of software and discuss advantages and disadvantages of each.
  2. Discuss the advantages and disadvantages of each type of performance evaluation source.

Appraisal Methods

Learning Objective

  1. Be able to describe the various appraisal methods.

It probably goes without saying that different industries and jobs need different kinds of appraisal methods. For our purposes, we will discuss some of the main ways to assess performance in a performance evaluation form. Of course, these will change based upon the job specifications for each position within the company. In addition to industry-specific and job-specific methods, many organizations will use these methods in combination, as opposed to just one method. There are three main methods of determining performance. The first is the trait method, in which managers look at an employee's specific traits in relation to the job, such as friendliness to the customer. The behavioral method looks at individual actions within a specific job. Comparative methods compare one employee with other employees. Results methods are focused on employee accomplishments, such as whether or not employees met a quota.

Within the categories of performance appraisals, there are two main aspects to appraisal methods. First, the criteria are the aspects the employee is actually being evaluated on, which should be tied directly to the employee᾿s job description. Second, the rating is the type of scale that will be used to rate each criterion in a performance evaluation: for example, scales of 1–5, essay ratings, or yes/no ratings. Tied to the rating and criteria is the weighting each item will be given. For example, if "communication" and "interaction with client" are two criteria, the interaction with the client may be weighted more than communication, depending on the job type. We will discuss the types of criteria and rating methods next.


Graphic Rating Scale

The graphic rating scale, a behavioral method, is perhaps the most popular choice for performance evaluations. This type of evaluation lists traits required for the job and asks the source to rate the individual on each attribute. A discrete scale is one that shows a number of different points. The ratings can include a scale of 1–10; excellent, average, or poor; or meets, exceeds, or doesn't meet expectations, for example. A continuous scale shows a scale and the manager puts a mark on the continuum scale that best represents the employee's performance. For example:


Poor - - - - - - - - Excellent


The disadvantage of this type of scale is the subjectivity that can occur. This type of scale focuses on behavioral traits and is not specific enough to some jobs. Development of specific criteria can save an organization in legal costs. For example, in Thomas v. IBM, IBM was able to successfully defend accusations of age discrimination because of the objective criteria the employee (Thomas) had been rated on.

Many organizations use a graphic rating scale in conjunction with other appraisal methods to further solidify the tool's validity. For example, some organizations use a mixed standard scale, which is similar to a graphic rating scale. This scale includes a series of mixed statements representing excellent, average, and poor performance, and the manager is asked to rate a "+" (performance is better than stated), "0" (performance is at stated level), or "−" (performance is below stated level). Mixed standard statements might include the following:

  • The employee gets along with most coworkers and has had only a few interpersonal issues.
  • This employee takes initiative.
  • The employee consistently turns in below-average work.
  • The employee always meets established deadlines.

An example of a graphic rating scale is shown in Figure 11.1 "Example of Graphic Rating Scale".


Essay Appraisal

In an essay appraisal, the source answers a series of questions about the employee's performance in essay form. This can be a trait method and/or a behavioral method, depending on how the manager writes the essay. These statements may include strengths and weaknesses about the employee or statements about past performance. They can also include specific examples of past performance. The disadvantage of this type of method (when not combined with other rating systems) is that the manager's writing ability can contribute to the effectiveness of the evaluation. Also, managers may write less or more, which means less consistency between performance appraisals by various managers.


Checklist Scale

A checklist method for performance evaluations lessens the subjectivity, although subjectivity will still be present in this type of rating system. With a checklist scale, a series of questions is asked and the manager simply responds yes or no to the questions, which can fall into either the behavioral or the trait method, or both. Another variation to this scale is a check mark in the criteria the employee meets, and a blank in the areas the employee does not meet. The challenge with this format is that it doesn't allow more detailed answers and analysis of the performance criteria, unless combined with another method, such as essay ratings. A sample of a checklist scale is provided in Figure 11.3 "Example of Checklist Scale".

Figure 11.1 Example of Graphic Rating Scale

Figure 11.1 Example of Graphic Rating Scale


Figure 11.2 Example of Essay Rating

Figure 11.2 Example of Essay Rating


Figure 11.3 Example of Checklist Scale

Figure 11.3 Example of Checklist Scale


Critical Incident Appraisals

This method of appraisal, while more time-consuming for the manager, can be effective at providing specific examples of behavior. With a critical incident appraisal, the manager records examples of the employee's effective and ineffective behavior during the time period between evaluations, which is in the behavioral category. When it is time for the employee to be reviewed, the manager will pull out this file and formally record the incidents that occurred over the time period. The disadvantage of this method is the tendency to record only negative incidents instead of postive ones. However, this method can work well if the manager has the proper training to record incidents (perhaps by keeping a weekly diary) in a fair manner. This approach can also work well when specific jobs vary greatly from week to week, unlike, for example, a factory worker who routinely performs the same weekly tasks.


Work Standards Approach

For certain jobs in which productivity is most important, a work standards approach could be the more effective way of evaluating employees. With this results-focused approach, a minimum level is set and the employee's performance evaluation is based on this level. For example, if a sales person does not meet a quota of $1 million, this would be recorded as nonperforming. The downside is that this method does not allow for reasonable deviations. For example, if the quota isn't made, perhaps the employee just had a bad month but normally performs well. This approach works best in long-term situations, in which a reasonable measure of performance can be over a certain period of time. This method is also used in manufacuring situations where production is extremely important. For example, in an automotive assembly line, the focus is on how many cars are built in a specified period, and therefore, employee performance is measured this way, too. Since this approach is centered on production, it doesn't allow for rating of other factors, such as ability to work on a team or communication skills, which can be an important part of the job, too.


Ranking Methods

In a ranking method system (also called stack ranking), employees in a particular department are ranked based on their value to the manager or supervisor. This system is a comparative method for performance evaluations.The manager will have a list of all employees and will first choose the most valuable employee and put that name at the top. Then he or she will choose the least valuable employee and put that name at the bottom of the list. With the remaining employees, this process would be repeated. Obviously, there is room for bias with this method, and it may not work well in a larger organization, where managers may not interact with each employee on a day-to-day basis.

To make this type of evaluation most valuable (and legal), each supervisor should use the same criteria to rank each individual. Otherwise, if criteria are not clearly developed, validity and halo effects could be present. The Roper v. Exxon Corp case illustrates the need for clear guidelines when using a ranking system. At Exxon, the legal department attorneys were annually evaluated and then ranked based on input from attorneys, supervisors, and clients. Based on the feedback, each attorney for Exxon was ranked based on their relative contribution and performance. Each attorney was given a group percentile rank (i.e., 99 percent was the best-performing attorney). When Roper was in the bottom 10 percent for three years and was informed of his separation with the company, he filed an age discrimination lawsuit. The courts found no correlation between age and the lowest-ranking individuals, and because Exxon had a set of established ranking criteria, they won the case.

Another consideration is the effect on employee morale should the rankings be made public. If they are not made public, morale issues may still exist, as the perception might be that management has "secret" documents.


Fortune 500 Focus

Critics have long said that a forced ranking system can be detrimental to morale; it focuses too much on individual performance as opposed to team performance. Some say a forced ranking system promotes too much competition in the workplace. However, many Fortune 500 companies use this system and have found it works for their culture. General Electric (GE) used perhaps one of the most well-known forced ranking systems. In this system, every year managers placed their employees into one of three categories: "A" employees are the top 20 percent, "B" employees are the middle 70 percent, and "C" performers are the bottom 10 percent. In GE's system, the bottom 10 percent are usually either let go or put on a performance plan. The top 20 percent are given more responsibility and perhaps even promoted. However, even GE has reinvented this stringent forced ranking system. In 2006, it changed the system to remove references to the 20/70/10 split, and GE now presents the curve as a guideline. This gives more freedom for managers to distribute employees in a less stringent manner.

The advantages of a forced ranking system include that it creates a high-performance work culture and establishes well-defined consequences for not meeting performance standards. In recent research, a forced ranking system seems to correlate well with return on investment to shareholders. For example, the study shows that companies who use individual criteria (as opposed to overall performance) to measure performance outperform those who measure performance based on overall company success. To make a ranking system work, it is key to ensure managers have a firm grasp on the criteria on which employees will be ranked. Companies using forced rankings without set criteria open themselves to lawsuits, because it would appear the rankings happen based on favoritism rather than quantifiable performance data. For example, Ford in the past used forced ranking systems but eliminated the system after settling class action lawsuits that claimed discrimination. Conoco also has settled lawsuits over its forced ranking systems, as domestic employees claimed the system favored foreign workers. To avoid these issues, the best way to develop and maintain a forced ranking system is to provide each employee with specific and measurable objectives, and also provide management training so the system is executed in a fair, quantifiable manner.

In a forced distribution system, like the one used by GE, employees are ranked in groups based on high performers, average performers, and nonperformers. The trouble with this system is that it does not consider that all employees could be in the top two categories, high or average performers, and requires that some employees be put in the nonperforming category.

In a paired comparison system, the manager must compare every employee with every other employee within the department or work group. Each employee is compared with another, and out of the two, the higher performer is given a score of 1. Once all the pairs are compared, the scores are added. This method takes a lot of time and, again, must have specific criteria attached to it when comparing employees.


Human Resource Recall

How can you make sure the performance appraisal ties into a specific job description?


Management by Objectives (MBO)

Management by objectives (MBOs) is a concept developed by Peter Drucker in his 1954 book The Practice of Management. This method is results oriented and similar to the work standards approach, with a few differences. First, the manager and employee sit down together and develop objectives for the time period. Then when it is time for the performance evaluation, the manager and employee sit down to review the goals that were set and determine whether they were met. The advantage of this is the open communication between the manager and the employee. The employee also has "buy-in" since he or she helped set the goals, and the evaluation can be used as a method for further skill development. This method is best applied for positions that are not routine and require a higher level of thinking to perform the job. To be efficient at MBOs, the managers and employee should be able to write strong objectives. To write objectives, they should be SMART:

  1. Specific. There should be one key result for each MBO. What is the result that should be achieved?
  2. Measurable. At the end of the time period, it should be clear if the goal was met or not. Usually a number can be attached to an objective to make it measurable, for example "sell $1,000,000 of new business in the third quarter".
  3. Attainable. The objective should not be impossible to attain. It should be challenging, but not impossible.
  4. Result oriented. The objective should be tied to the company's mission and values. Once the objective is made, it should make a difference in the organization as a whole.
  5. Time limited. The objective should have a reasonable time to be accomplished, but not too much time.


Setting MBOs with Employees

(click to see video)

An example of how to work with an employee to set MBOs.

To make MBOs an effective performance evaluation tool, it is a good idea to train managers and determine which job positions could benefit most from this type of method. You may find that for some more routine positions, such as administrative assistants, another method could work better.


Behaviorally Anchored Rating Scale (BARS)

A BARS method first determines the main performance dimensions of the job, for example, interpersonal relationships. Then the tool utilizes narrative information, such as from a critical incidents file, and assigns quantified ranks to each expected behavior. In this system, there is a specific narrative outlining what exemplifies a "good" and "poor" behavior for each category. The advantage of this type of system is that it focuses on the desired behaviors that are important to complete a task or perform a specific job. This method combines a graphic rating scale with a critical incidents system. The US Army Research Institute developed a BARS scale to measure the abilities of tactical thinking skills for combat leaders. Figure 11.4 "Example of BARS" provides an example of how the Army measures these skills.

Figure 11.4 Example of BARS

Figure 11.4 Example of BARS

Figure 11.5 More Examples of Performance Appraisal Types

Figure 11.5 More Examples of Performance Appraisal Types


How Would You Handle This?

Playing Favorites

You were just promoted to manager of a high-end retail store. As you are sorting through your responsibilities, you receive an e-mail from HR outlining the process for performance evaluations. You are also notified that you must give two performance evaluations within the next two weeks. This concerns you, because you don't know any of the employees and their abilities yet. You aren't sure if you should base their performance on what you see in a short time period or if you should ask other employees for their thoughts on their peers' performance. As you go through the files on the computer, you find a critical incident file left from the previous manager, and you think this might help. As you look through it, it is obvious the past manager had "favorite" employees and you aren't sure if you should base the evaluations on this information. How would you handle this?

How Would You Handle This?

Table 11.3 Advantages and Disadvantages of Each Performance Appraisal Method

Type of Performance Appraisal Method Advantages Disadvantages
Graphic Rating Scale Inexpensive to develop Subjectivity
Easily understood by employees and managers Can be difficult to use in making compensation and promotion decisions
Essay Can easily provide feedback on the positive abilities of the employee Subjectivity
Writing ability of reviewer impacts validity
Time consuming (if not combined with other methods)
Checklist scale Measurable traits can point out specific behavioral expectations Does not allow for detailed answers or explanations (unless combined with another method)
Critical Incidents Provides specific examples Tendency to report negative incidents
Time consuming for manager
Work Standards Approach Ability to measure specific components of the job Does not allow for deviations
Ranking Can create a high-performance work culture Possible bias
Validity depends on the amount of interaction between employees and manager
Can negatively affect teamwork
MBOs Open communication Many only work for some types of job titles
Employee may have more "buy-in"
BARS Focus is on desired behaviors Time consuming to set up
Scale is for each specific job
Desired behaviors are clearly outlined
No one performance appraisal is best, so most companies use a variety of methods to ensure the best results.


Key Takeaways

  • When developing performance appraisal criteria, it is important to remember the criteria should be job specific and industry specific.
  • The performance appraisal criteria should be based on the job specifications of each specific job. General performance criteria are not an effective way to evaluate an employee.
  • The rating is the scale that will be used to evaluate each criteria item. There are a number of different rating methods, including scales of 1–5, yes or no questions, and essay.
  • In a graphic rating performance evaluation, employees are rated on certain desirable attributes. A variety of rating scales can be used with this method. The disadvantage is possible subjectivity.
  • An essay performance evaluation will ask the manager to provide commentary on specific aspects of the employee's job performance.
  • A checklist utilizes a yes or no rating selection, and the criteria are focused on components of the employee's job.
  • Some managers keep a critical incidents file. These incidents serve as specific examples to be written about in a performance appraisal. The downside is the tendency to record only negative incidents and the time it can take to record this.
  • The work standards performance appraisal approach looks at minimum standards of productivity and rates the employee performance based on minimum expectations. This method is often used for sales forces or manufacturing settings where productivity is an important aspect.
  • In a ranking performance evaluation system, the manager ranks each employee from most valuable to least valuable. This can create morale issues within the workplace.
  • An MBO or management by objectives system is where the manager and employee sit down together, determine objectives, then after a period of time, the manager assesses whether those objectives have been met. This can create great development opportunities for the employee and a good working relationship between the employee and manager.
  • An MBO's objectives should be SMART: specific, measurable, attainable, results oriented, and time limited.
  • A BARS approach uses a rating scale but provides specific narratives on what constitutes good or poor performance.


Exercise

  1. Review each of the appraisal methods and discuss which one you might use for the following types of jobs, and discuss your choices.

    1. Administrative Assistant
    2. Chief Executive Officer
    3. Human Resource Manager
    4. Retail Store Assistant Manager

Completing and Conducting the Appraisal

Learning Objectives

  1. Be able to discuss best practices in performance review planning.
  2. Be able to write an improvement plan for an employee.

So far, we have discussed the necessity of providing formal feedback to employees through a systematic performance evaluation system. We have stressed the importance of making sure the HR professional knows how often performance evaluations should be given and if they are tied to pay increases.

The next step is to make sure you know the goals of the performance evaluation; for example, is the goal to improve performance and also identify people for succession planning? You will then determine the source for the performance evaluation data, and then create criteria and rating scales that relate directly to the employee's job description. Once this is done, the successful functioning of the performance evaluation system largely depends on the HR professional to implement and communicate the system to managers and employees. This will be the primary focus of our next section.


Best Practices in Performance Appraisals

The most important things to remember when developing a performance evaluation system include the following:

  1. Make sure the evaluation has a direct relationship to the job. Consider developing specific criteria for each job, based on the individual job specifications and description.
  2. Involve managers when developing the process. Garner their feedback to obtain "buy-in" for the process.
  3. Consider involving the employee in the process by asking the employee to fill out a self-evaluation.
  4. Use a variety of methods to rate and evaluate the employee.
  5. Avoid bias by standardizing performance evaluations systems for each job.
  6. Give feedback on performance throughout the year, not just during performance review times.
  7. Make sure the goals of the performance evaluation tie into the organizational and department goals.
  8. Ensure the performance appraisal criteria also tie into the goals of the organization, for a strategic HRM approach.
  9. Review the evaluation for each job title often, since jobs and expectations change.

Figure 11.6 Best Practices in Performance Appraisal Systems

Figure 11.6 Best Practices in Performance Appraisal Systems

As you can see from Figure 11.7 "Performance Review System", the performance appraisal aspect is just one part of the total process. We can call this a performance review system. The first step of the process is goal setting with the employee. This could mean showing the employee his or her performance appraisal criteria or sitting down with the employee to develop MBOs. The basic idea here is that the employee should know the expectations and how his or her job performance will be rated.

Constant monitoring, feedback, and coaching are the next step. Ensuring the employee knows what he or she is doing well and is not doing well in a more informal manner will allow for a more productive employee.

Next, of course, is the formal performance evaluation process. Choosing the criteria, rating scale, and source of the evaluation are steps we have already discussed. The next step is to work with the employee to develop improvement plans (if necessary) and offer any rewards as a result of excellent performance. The process then begins again, setting new goals with the employee.

Figure 11.7 Performance Review System

Figure 11.7 Performance Review System


Training Managers and Employees

As HR professionals, we know the importance of performance evaluation systems in developing employees, but this may not always be apparent to the managers we work with on a daily basis. It is our job to educate managers and employees on the standards for completing performance evaluation forms as well as train them on how to complete the necessary documents (criteria and ratings), how to develop improvement plans when necessary, and how to deliver the performance appraisal interview.


Employee Feedback



This video gives excellent tips on providing feedback to employees during the performance appraisal process.

First, after you have developed the new performance appraisal system (or adjusted an old one), consider offering training on how to effectively use it. The training, if required, can save time later and make the process more valuable. What we want to avoid is making it seem as if the performance appraisal process is "just one more thing" for managers to do. Show the value of the system in your training or, better yet, involve managers in developing the process to begin with.

Set standards should be developed for managers filling out the performance ratings and criteria. The advantage of this is accuracy of data and limiting possible bias. Consider these "ground rules" to ensure that information is similar no matter which manager is writing the evaluation:

  1. Use only factual information and avoid opinion or perception.
  2. For each section, comments should be at least two sentences in length, and examples of employee behavior should be provided.
  3. Reviews must be complete and shared with the employee before the deadline.
  4. Make messages clear and direct.
  5. Focus on observable behaviors.

Once your managers are trained, understand how to fill out the forms, and are comfortable with the ground rules associated with the process, we can coach them on how to prepare for performance evaluations. For example, here are the steps you may want to discuss with your managers who provide performance evaluations:

  1. Review the employee's last performance evaluation. Note goals from the previous evaluation period.
  2. Review the employee's file and speak with other managers who interface with this person. In other words, gather data about performance.
  3. Fill out the necessary forms for this employee's appraisal. Note which areas you want to address in the appraisal interview with the employee.
  4. If your organization bases pay increases on the performance evaluation, know the pay increase you are able to offer the employee.
  5. Write any improvement plans as necessary.
  6. Schedule a time and date with the employee.

Most people feel nervous about giving and receiving performance evaluations. One way to limit this is to show the employee the written evaluation before the interview, so the employee knows what to expect. To keep it a two-way conversation, many organizations have the employee fill out the same evaluation, and answers from the employee and manager are compared and discussed in the interview. When the manager meets with the employee to discuss the performance evaluation, the manager should be clear, direct, and to the point about positives and weaknesses. The manager should also discuss goals for the upcoming period, as well as any pay increases or improvement plans as a result of the evaluation. The manager should also be prepared for questions, concerns, and reasons for an employee's not being able to meet performance standards.

Improvement plans should not be punitive, but the goal of an improvement plan should be to help the employee succeed. Coaching and development should occur throughout the employee's tenure, and he or she should know before the performance evaluation whether expectations are not being met. This way, the introduction of an improvement plan is not a surprise. There are six main components to an employee improvement plan:

  1. Define the problem.
  2. Discuss the behaviors that should be modified, based on the problem.
  3. List specific strategies to modify the behavior.
  4. Develop long- and short-term goals.
  5. Define a reasonable time line for improvements.
  6. Schedule "check-in" dates to discuss the improvement plan.

An employee improvement plan works best if it is written with the employee, to obtain maximum buy-in. Once you have developed the process and your managers are comfortable with it, the process must be managed.


Organizing the Performance Appraisal Process

While it will be up to the individual manager to give performance appraisals to employees, as an HR professional, it will be up to you to develop the process (which we have already discussed) and to manage the process. Here are some things to consider to effectively manage the process:

  1. Provide each manager with a job description for each employee. The job description should highlight the expectations of each job title and provide a sound basis for review.
  2. Provide each manager with necessary documents, such as the criteria and rating sheets for each job description.
  3. Give the manager instructions and ground rules for filling out the documents.
  4. Work with the manager on pay increases for each employee, if your organization has decided to tie performance evaluations with pay increases.
  5. Provide coaching assistance on objectives development and improvement plans, if necessary.
  6. Give time lines to the manager for each performance review he or she is responsible for writing.

Most HR professionals will keep a spreadsheet or other document that lists all employees, their manager, and time lines for completion of performance evaluations. This makes it easier to keep track of when performance evaluations should be given.

Of course, the above process assumes the organization is not using software to manage performance evaluations. Numerous types of software are available that allow the HR professional to manage key job responsibilities and goals for every employee in the organization. This software tracks progress on those goals and allows the manager to enter notes (critical incidents files) online. The software can track 360 reviews and send e-mail reminders when it is time for an employee or manager to complete evaluations. This type of software can allow for a smoother, more streamlined process. Of course, as with any new system, it can be time-consuming to set up and train managers and employees on how to use the system. However, many organizations find the initial time to set up software or web-based performance evaluation systems well worth the easier recording and tracking of performance goals.

No matter how the system is managed, it must be managed and continually developed to meet the ultimate goal - continuing development of employees.


The Performance Appraisal




This role-play highlights some of the things NOT to do when discussing a performance evaluation with an employee.


Performance Appraisal Interviews

Once a good understanding of the process is developed, it is time to think about the actual meeting with the employee. A performance review process could be intricately detailed and organized, but if the meeting with the employee doesn't go well, the overall strategic objective of performance reviews may not be met. In Norman R. F. Maier's famous book The Appraisal Interview, he addressed three types of appraisal interview styles. The first is the tell and sell interview. In this type of interview, the manager does most of the talking and passes his or her view to the employee. In the tell and listen type of interview, the manager communicates feedback and then addresses the employee's thoughts about the interview. In the problem-solving interview, the employee and the manager discuss the things that are going well and those that are not going well, which can make for a more productive discussion. To provide the best feedback to the employee, consider the following:

  1. Be direct and specific. Use examples to show where the employee has room for improvement and where the employee exceeds expectations, such as, "The expectation is zero accidents, and you have not had any accidents this year".
  2. Do not be personal; always compare the performance to the standard. For example, instead of saying, "You are too slow on the production line," say, the "expectations are ten units per hour, and currently you are at eight units".
  3. Remember, it is a development opportunity. As a result, encourage the employee to talk. Understand what the employee feels he does well and what he thinks he needs to improve.
  4. Thank the employee and avoid criticism. Instead of the interview being a list of things the employee doesn't do well (which may give the feeling of criticizing), thank the employee for what the employee does well, and work on action plans together to fix anything the employee isn't doing well. Think of it as a team effort to get the performance to the standard it needs to be.

The result of a completed performance evaluation usually means there are a variety of ramifications that can occur after evaluating employee performance:

  1. The employee now has written, documented feedback on his or her performance.
  2. The organization has documented information on low performance, in case the employee needs to be dismissed.
  3. The employee has performed well and is eligible for a raise.
  4. The employee has performed well and could be promoted.
  5. Performance is not up to expectations, so an improvement plan should be put into place.
  6. The employee hasn't done well, improvement plans have not worked (the employee has been warned before), and the employee should be dismissed.

In each of these cases, planning in advance of the performance appraisal interview is important, so all information is available to communicate to the employee. Consider Robin, an employee at Blewett Gravel who was told she was doing an excellent job. Robin was happy with the performance appraisal and when asked about promotion opportunities, the manager said none was available. This can devalue a positive review and impact employee motivation. The point, of course, is to use performance evaluations as a development tool, which will positively impact employee motivation.


Preparing and Giving the Performance Appraisal


Some great tips on preparing for the performance appraisal meeting, and how to handle the meeting.


Key Takeaways

  • There are many best practices to consider when developing, implementing, and managing a performance appraisal system. First, the appraisal system must always tie into organization goals and the individual employee's job description.
  • Involvement of managers in the process can initiate buy-in.
  • Consider using self-evaluation tools as a method to create a two-way conversation between the manager and the employee.
  • Use a variety of rating methods to ensure a more unbiased result. For example, using peer evaluations in conjunction with self- and manager evaluations can create a clearer picture of employee performance.
  • Be aware of bias that can occur with performance appraisal systems.
  • Feedback should be given throughout the year, not just at performance appraisal time.
  • The goals of a performance evaluation system should tie into the organization's strategic plan, and the goals for employees should tie into the organization's strategic plan as well.
  • The process for managing performance evaluations should include goal setting, monitoring and coaching, and doing the formal evaluation process. The evaluation process should involve rewards or improvement plans where necessary. At the end of the evaluation period, new goals should be developed and the process started over again.
  • It is the HR professional's job to make sure managers and employees are trained on the performance evaluation process.
  • Standards should be developed for filling out employee evaluations, to ensure consistency and avoid bias.
  • The HR professional can assist managers by providing best practices information on how to discuss the evaluation with the employee.
  • Sometimes when performance is not up to standard, an improvement plan may be necessary. The improvement plan identifies the problem, the expected behavior, and the strategies needed to meet the expected behavior. The improvement plan should also address goals, time lines to meet the goals, and check-in dates for status on the goals.
  • It is the job of the HR professional to organize the process for the organization. HR should provide the manager with training, necessary documents (such as criteria and job descriptions), instructions, pay increase information, and coaching, should the manager have to develop improvement plans.
  • Some HR professionals organize the performance evaluation information in an Excel spreadsheet that lists all employees, job descriptions, and due dates for performance evaluations.
  • There are many types of software programs available to manage the process. This software can manage complicated 360 review processes, self-evaluations, and manager's evaluations. Some software can also provide time line information and even send out e-mail reminders.
  • The performance evaluation process should be constantly updated and managed to ensure the results contribute to the success of the organization.
  • A variety of ramifications can occur, from the employee's earning a raise to possible dismissal, all of which should be determined ahead of the performance appraisal interview.


Exercises

  1. What are the important aspects of an improvement plan? Why are these so important?
  2. Name and describe three best practices for a performance evaluation system.

Cases and Problems

Chapter Summary

  • A performance evaluation system is a systematic way to examine how well an employee is performing in his or her job.
  • The use of the term systematic implies the process should be planned.
  • Depending on which research you read, some believe the performance evaluation system is one of the most important to consider in HRM, but others view it as a flawed process, which makes it less valuable and therefore ineffective.
  • The first step in designing a performance appraisal process is to determine how often the appraisals will be given. Consideration of time and effort to administer the evaluation should be a deciding factor.
  • Many companies offer pay increases as part of the system, while some companies prefer to separate the process. Determining how this will be handled is the next step in the performance appraisal development process.
  • Goals of the performance evaluation should be discussed before the process is developed. In other words, what does the company hope to gain from this process? Asking managers and employees for their feedback on this is an important part of this consideration.
  • After determining how often the evaluations should be given, and if pay will be tied to the evaluations and goals, you can now sit down and develop the process. First, determine what forms will be used to administer the process.
  • After you have determined what forms will be used (or developed), determine who will be the source for the information. Managers, peers, and customers are options. A 360 review process combines several sources for a more thorough review.
  • There are some errors that can occur in the process. These include halo effects or comparing an employee to another as opposed to rating them only on the objectives.
  • Performance evaluations should always be based on the actual job description.
  • Our last step in the development of this process is to communicate the process and train our employees and managers on the process. Also, training on how best to use feedback is the final and perhaps most important step of the process.
  • When developing performance appraisal criteria, it is important to remember the criteria should be job specific and industry specific.
  • The performance appraisal criteria should be based on the job specifications of each specific job. General performance criteria are not an effective way to evaluate an employee.
  • The rating is the scale that will be used to evaluate each criteria item. There are a number of different rating methods, including scales of 1–5, yes or no questions, and essay.
  • In a graphic rating performance evaluation, employees are rated on certain desirable attributes. A variety of rating scales can be used with this method. The disadvantage is possible subjectivity.
  • An essay performance evaluation will ask the manager to provide commentary on specific aspects of the employee's job performance.
  • A checklist utilizes a yes or no rating selection, and the criteria are focused on components of the employee's job.
  • Some managers keep a critical incidents file. These incidents serve as specific examples to be written about in a performance appraisal. The downside is the tendency to record only negative incidents and the time it can take to record this.
  • The work standards performance appraisal approach looks at minimum standards of productivity and rates the employee performance based on minimum expectations. This method is often used for sales forces or manufacturing settings where productivity is an important aspect.
  • In a ranking performance evaluation system, the manager ranks each employee from most valuable to least valuable. This can create morale issues within the workplace.
  • An MBO or management by objectives system is where the manager and employee sit down together, determine objectives, then after a period of time, the manager assesses whether those objectives have been met. This can create great development opportunities for the employee and a good working relationship between the employee and manager.
  • An MBO's objectives should be SMART: specific, measurable, attainable, results oriented, and time limited.
  • A BARS approach uses a rating scale but provides specific narratives on what constitutes good or poor performance.
  • There are many best practices to consider when developing, implementing, and managing a performance appraisal system. First, the appraisal system must always tie into organization goals and the individual employee's job description.
  • Involvement of managers in the process can initiate buy-in for the process.
  • Consider using self-evaluation tools as a method to create a two-way conversation between the manager and the employee.
  • Use a variety of rating methods to ensure a more unbiased result. For example, using peer evaluations in conjunction with self and manager evaluations can create a clearer picture of employee performance.
  • Be aware of bias that can occur with performance appraisal systems.
  • Feedback should be given throughout the year, not just at performance appraisal time.
  • The goals of a performance evaluation system should tie into the organization's strategic plan, and the goals for employees should tie into the organization's strategic plan as well.
  • The process for managing performance evaluations should include goal setting, monitoring and coaching, and doing the formal evaluation process. The evaluation process should involve rewards or improvement plans where necessary. At the end of the evaluation period, new goals should be developed and the process started over again.
  • It is the HR professional's job to make sure managers and employees are trained on the performance evaluation process.
  • Standards should be developed for filling out employee evaluations, to ensure consistency and avoid bias.
  • The HR professional can assist managers by providing best practices information on how to discuss the evaluation with the employee.
  • Sometimes when performance is not up to standard, an improvement plan may be necessary. The improvement plan identifies the problem, the expected behavior, and the strategies needed to meet the expected behavior. The improvement plan should also address goals, time lines to meet the goals, and check-in dates for status on the goals.
  • It is the job of the HR professional to organize the process for the organization. HR should provide the manager with training, necessary documents (such as criteria and job descriptions), instructions, pay increase information, and coaching, should the manager have to develop improvement plans.
  • Some HR professionals organize the performance evaluation information in an Excel spreadsheet that lists all employees, job descriptions, and due dates for performance evaluations.
  • There are many types of software available to manage the process. This software can manage complicated 360 review processes, self-evaluations, and manager's evaluations. Some software can also provide time line information and even send out e-mail reminders.
  • The performance evaluation process should be constantly updated and managed to ensure the results contribute to the success of the organization.
Summary

 

 

The author provides a video summary of the chapter.


Chapter Case

Revamping the System

It is your first six months at your new job as an HR assistant at Groceries for You, a home delivery grocery service. When you ask the HR director, Chang, about performance evaluations, he just rolls his eyes and tells you to schedule a meeting in his Outlook calendar to discuss them. In the meantime, you gather some data that might be helpful in your discussion with Chang.

Number of managers 4
Number of employees 82
Average span of control Delivery - 38
Warehouse - 24
Marketing/technology - 16
Job types 11 - customer service
1 - delivery manager
1 - warehouse manager
1 - marketing and technology manager
38 - delivery drivers
24 - warehouse workers
1 - tech support
5 - marketing and website design


When you meet, Chang is very forward with you about the current process. "Right now, managers groan when they are told they need to complete evaluations. The evaluations are general - we use the same form for all jobs in the organization. It appears that promotion decisions are not based on the evaluations but instead tend to be based on subjective criteria, such as how well the manager likes the individual. We really need to get a handle on this system, but I haven't had the time to do it. I am hoping you can make some recommendations for our system and present them to me and then to the managers during next month's meeting. Can you do this?"

  1. Detail each step you will take as you develop a new performance evaluation system.
  2. Identify specifics such as source, type of rating system, and criteria plans for each job category. Discuss budget for each performance evaluation. Address how you will obtain management buy-in for the new process.
  3. Develop PowerPoint slides for your presentation to management about your proposed process and forms.


Team Activity

  1. In a group of three to four, develop a performance evaluation sheet, using at least two methods, for the following job description, and present to the class:

Job Class Specification for:

ACCOUNTANT, City of Seattle

Class Specification Schematic Number: 2000504

Class Summary:

Performs a variety of professional accounting functions and tasks for a city department or utility. Audits, monitors, researches, and recommends revisions to accounting procedures and operations. Performs and coordinates the maintenance and production of accounting reports and records and ensures compliance with established accounting procedures and practices.

Distinguishing Characteristics of the Class:

The accountant class is capable of performing a range of professional accounting functions and tasks within the established guidelines of the department/city and according to generally accepted accounting practices, procedures, and methods. This class is supervised by a higher level accountant or manager and supervises accounting support personnel as required.

Assignments are performed under moderate supervision within established guidelines, generally accepted accounting principles, standards, and methods. Receives direction on special projects or where guidelines and rules are unclear. Knowledge of accounting practices, methods, laws, rules, ordinances, and regulations is required to determine the most appropriate accounting methods and procedures to apply and to ensure appropriate compliance.

Personal contacts are with department employees, other departments, agencies, or the public to provide information, coordinate work activities, and resolve problems.

Examples of Work:

  • Analyzes and prepares cash flow forecasts and updates forecasts based on actual revenues and expenditures.
  • Prepares financial reports, statements, and schedules.
  • Audits and reconciles assigned accounts in the general ledger.
  • Monitors and controls accounting activities in the recording of financial transactions, that is, accounts receivables, accounts payables, collections, and fixed assets.
  • Verifies and reviews accounting transactions. Makes appropriate corrections, entries, and adjustments to ensure accuracy of reports.
  • Researches, analyzes, and prepares journals for financial transactions.
  • Analyzes and maintains subsidiary ledgers (i.e., investments). Monitors and maintains investment ledger entries and investment schedules.
  • Prepares variance reports required by outside auditors and program summaries explaining variances.
  • Coordinates, trains, and monitors the work of accounting support personnel to ensure proper work operations.
  • Assists in development and modification of internal accounting control policies, procedures, and practices.
  • Assists in special projects such as research and analysis of financial information, long-term debt schedules, investment security reports, and reports for special information requested by departmental personnel.
  • Performs other related duties of a comparable level/type as assigned.

Work Environment/Physical Demands:

Work is performed in an office environment.

Minimum Qualifications:

Bachelor's Degree in Accounting (or a combination of education and/or training and/or experience that provides an equivalent background required to perform the work of the class).