Several human resources departments are instituting a radical
idea. They’ve abolished all written performance documentation including
performance reviews. Written documentation during manager/employee meetings is often
out. Rating of individuals for compensation purposes is also abolished as is
ranking of performers in a growing number of companies.
The desire to get rid of performance feedback in a documented
fashion is in response to employee dislike of hearing feedback on only a yearly
basis coupled with manager dislike of writing what are seen as valueless annual
reviews.
In stark contrast to the jettisoning of traditional performance
documentation, the legal world warns that managers act at their peril unless
they maintain detailed personnel files on employees. Lawyers warn managers to
rank employees and keep documents of performance so they can defend against
wrongful termination, public policy and discrimination claims.
The necessity for documentation of performance as well as ranking was just reaffirmed in a US Supreme Court case called Lawson V. FRM, LLC. In the Lawson case the Supreme Court held for the first time that private employers can be held to federal whistleblower liability.
Courts and agencies require substantial documentation of terminations
of whistleblowers. Without performance evaluations and ranking of performers
everything devolves into ”he said/she said” proceedings. Such contests are usually resolved against the
employer.
I suggest there is a vast middle ground that answers many of
these concerns. The middle ground is to train, train, train managers to give
both positive and negative feedback as a matter of daily business. The middle
ground approach is much more acceptable to employees and it is easier on
managers.
This kind of exchange can be documented easily in notations in
calendars, text messages, emails, customer meeting agendas, and project
updates. Training managers to structure regular documented one-on-one sessions with
regular written agendas can also be a terrific source of evidence of ongoing
performance feedback.
Managers also need to be trained to identify who are top
performers and who are poor performers. No matter how much these practices are
repugnant to some HR professionals, managers, and employees these comparisons
are necessary to justify why the whistleblower was terminated and others were
retained. As a side benefit focusing development efforts on those ranked at the
top helps to retain key employees.
HR
Results provides two customizable courses designed to help managers bridge the
gap between conflicting advice from legal and HR:
Coaching 101
Strategic Management 101
For
more information, contact Judy Pearce at HR Results today.