Legal issues have a specific law behind them, which will result in legal consequences if you don't obey it. Ethical issues have no force of law, but are of a nature that affects the society around you, or has consequences for the people involved.

employment contract.•EMPLOYMENT AT WILL-employer get considerable latitude in determining whether. an employer could potentially end the employment relationship without documenting any performance problem • NEGLIGENCE-Many org. When the system is described in such documents & not implemented as described legal problems can arise. .unfavorable performance in information that damages an employee’s reputation. or other materials. outline PMS in their employee manual. •DEFAMATION-it is the disclosure of untrue . Thus. when & how to measure & reward performance.

•MISREPRESENTATION-It is about disclosing untrue favorable performance & this info causes risk & harm to others.color or ethnic and national origin. Examplewomen receive consistently lower performance ratings than men.such as race. •ADVERSE IMPACT-this is an unintentional discrimination. . When a past employer provides a glowing recommendation for a former employee who was actually terminated because of poor performance.nationality. •ILLEGAL DISCRIMINATION-Raters assign scores differentially to various employees based on factors that are not performance related. the employer is guilty of misrepresentation.

RECOMMENATIONS TO AVOID LEGAL SUIT R •Legally Defensible Appraisal Procedures •Legally Defensible Appraisal content •Legally Defensible Appraisal Results or Documentation •Legally Defensible Raters .

1. It is grossly unprofessional for a manager or supervisor to use the appraisal process to 'get even' with an employee who has displeased or upset them in some way.Performance appraisals should not be used in a merely punitive or retaliatory fashion. .

religion. pregnancy. or sexual preference . disability. gender. age.2. marital status.Appraisals should not be used to discriminate against employees on the basis of race.

accurate and supported by evidence and examples.3.Performance appraisal results should be fair. Co-workers may be interviewed and their views and reactions recorded. if an employee has poor interpersonal skills and is harming morale and group performance. The nature and effects of the employee's behaviour should be documented . For instance. the supervisor might keep a log of incidents.

4. to express their agreement or otherwise. and to appeal the result or at least request a review by up line supervisors .An employee should have the opportunity to comment on their appraisal result.

.Appraisals should be balanced.5. recording information on both the good and the bad aspects of an employee's performance (as far as possible).

in which the employee's appraisal results may be significant but not necessarily conclusive. . A broad range of information should be considered.6. remuneration or termination decisions.Appraisals results should not be used as the sole basis for promotion.

7. demote of otherwise penalize an employee because of a single adverse appraisal result (depending of course on the nature and seriousness of the conduct that underlies the poor result) . it is a bad idea to dismiss.Employees who receive a poor performance appraisal result should be given a reasonable chance to improve. Generally speaking.

A fair chance should be given to the Employees to correct the problem in a timely manner . It is not fair to offer zero feedback to a poor performer for twelve months and then present them with a bad appraisal. especially to marginal or poor performers.8. More frequent feedback and guidance should be provided to the Employees.Timely feedback should be provided.

or those who resign or leave in less than happy circumstances.Records should be retained. their appraisal records. they may have rights to instigate legal action years later. be archived indefinitely. In the case of poor performers.9. or persons dismissed or demoted. together with critical incident logs and other relevant documents. . If an employee believes they have been dealt with unfairly.

10. an objective third party should be hired for their views on whether the appraisal result seems fair and reasonable .If an appraisal result is poor (or in any way likely to be controversial or provocative).

11.Appraisals should avoid inflammatory and emotive language. The criticisms should relate to actual job requirements and not based on mere personal or other irrelevant issues that have little or no connection with actual job requirements . It should be of detached and dispassionate style.

can cause serious damage to employee relations and morale . It is a sensitive and sometimes controversial task which.Managers and supervisors required to conduct staff appraisals should be trained in appraisal principles and techniques.12. Conducting performance appraisals is one of the most demanding of all supervisory activities. if mishandled.

.13. Only people with an approved need to know should have access to an employee's performance appraisal information. Record storage should be secure and controlled.Appraisal results should be treated as private and confidential information.

some HR Managers assign performance appraisal based on unrelated factors (for example. .HR Managers are expected to observe the performance (or understand the potentials) in order to judge its effectiveness. the employee is not loyal to the rator. or the ratee belongs to a different cast or religion). Yet.

the overall objective of high ethical performance reviews should be to provide an honest assessment of the performance and mutually develop a plan to improve the ratee’s effectiveness .

and truthfulness" in connection with the performance review.Managers and nonsupervisory employees alike cite concern about "politics and lack of fair treatment. . honesty.

.Frequently. when unsuccessful candidates for promotions are notified of the decision that someone else has been selected they are not told why. usually because the managers or supervisors do not feel equipped or skillful enough to explain the reasons in a systematic and rational way. Often they are not told anything.

"I make a significant contribution to this organization.and the battleground will be the performance review process . nonconnecting planes. Unless the employee and the reviewer are successful in negotiating an ethical balance." The person being reviewed may reply. "That report is a requirement. and we need to follow the rules of the organization. The employee appears to be oriented toward the outcome . major miscommunications occur in performance review sessions due to basic differences in ethical orientation. Judge me on what I accomplish. For example. the reviewer may say. and I don't have time to prepare reports that no one looks at.the ends justify the means (results). each may view the other as taking unfair shots ." What is going on here? The reviewer is concerned with decisions and actions that conform to basic principles and rules (adherence).Sometimes. They are talking on two different.



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