The role of performance reviews in employment litigation
In the event of a dispute between an employer and a current or former employee, performance reviews may become valuable pieces of information. After all, they can contain evidence of working conditions or performance. This information is particularly relevant if the employee decides to take legal action. As a result, performance reviews can play a key role in employment litigation.
Employee evaluations may be valuable evidence in several types of employment lawsuits, including the following:
- Discrimination. If an employee believes discriminatory factors such as race, gender, age, or religion affected their performance evaluation, they may file a lawsuit for alleged discrimination.
- Retaliation. If an employee believes their performance evaluation was retaliatory, for example, because they had filed a harassment or discrimination complaint, they may file a lawsuit for alleged retaliation.
Performance reviews as evidence
It is important to note that performance reviews will not always be accepted as evidence in a lawsuit. This will depend on the specific facts and circumstances of the case. Also, they will have to meet certain requirements in order to be accepted as evidence. They can only be used in employment litigation if they are deemed reliable and relevant, for instance.
To make sure performance evaluations can be used as evidence in the event of a lawsuit, it is crucial for organizations to prepare and conduct them properly. They should ensure their evaluations are fair, objective and consistent, and based on concrete facts and the employee’s actual performance. Companies should also make sure all performance reviews are documented and retained correctly and responsibly, so they can be easily retrieved and introduced as evidence if necessary.
The content of performance reviews may also be relevant for determining damages in the event of dismissal cases. Or when challenging a dismissal decision. In these situations, performance appraisals may be used to demonstrate how the employee’s performance was evaluated and whether there are indications of unfair dismissal.
Although highly relevant, performance reviews are generally not the only factor considered in employment lawsuits. Judges usually look at a range of evidence, including witness statements, documents, and other relevant information, before making their decision. Additionally, there are rules and laws that determine the circumstances under which performance reviews can be used as evidence in lawsuits.
Every company could face employment litigation at some point. In light of this, it is recommended to have a systematic and objective performance review process and well-trained reviewers in place. Additionally, make sure the evaluation meetings are conducted and documented correctly. Performance review software such as PM Online can help you realize these objectives.
Save time and money with PM Online performance review software
PM Online performance review software will be a valuable tool throughout your company’s performance review cycle. It streamlines the entire employee evaluation process and promotes high-quality performance reviews. For more information, please visit https://www.performancemanagement-online.com or schedule an online demo.
