DB4.4.1

CH.9 Please read it on the other file.

After reading Chapter 9: These are three Answer to this Discussion Question:

How can past appraisals of performance influence the outcomes of employment-related legal actions?

Respond to the discussion Answer. (Your response must be of significance, more than just yes or no)

You will need to by no more than 2-3 Complete Sentences. I Looking on the depth, not the length of your comments

Discussion to respond to it: (Please no more than 2-3 Complete Sentences.)

V. B. Performance appraisals are periodic examinations of performance among employees. The main goal of

performance appraisals is to improve employee performance and provide feedback to employees based on

their job performance. This information that is collected during a performance appraisal can also be used to

make decisions concerning an employees compensation as well as promotions. The secondary purpose of an

appraisal is to keep the employees performance at an acceptable level. Performance appraisals are required

by The Joint Commission and many state health departments. It is necessary to maintain performance

appraisals to avoid legal action against organizations. Not only is this a requirement but it decreases risk for

legal action against the organization when a person is laid off or terminated. The personal file of the

employee should demonstrate performance level documentation to avoid actions or organizational or

personal bias and discrimination against an employee. If a wrongful discharge claim is filed the organization

can provide information on the employees performance to avoid legal action against them. Performance

appraisals are necessary to show proof that an employee has been rightfully terminated.

K. A.

The main objective of performance appraisals is to develop employees' performance. According to Evans

and Tourish (2017), performance appraisals can be an opportunity to ensure that employees pursue their

goals that are aligned with the organizational vision, mission, and objectives. Also, performance appraisals

can increase the employees' motivation. Moreover, the performance appraisals can help to determine the

training and development needs of the employees. The most important that it can use as legal documentation

against discrimination complaints.

Fallon and McConnell (2014) discussed that there are some legal risks associated with completing

performance appraisals. However, when the organization doesn't complete the performance appraisals, it

may cause significant risks. Also, the objective of performance appraisals is to support management's

decisions associated with termination, promotion, or pay rates of the employees. Therefore, when these

decisions are not supported with performance appraisals, it will be claimed to be the result of dis crimination.

The performance appraisals can have positive and negative aspects. For example, it can be evidence and

supportive for the management decisions, or it can be a tool that can be used by the employee against the

organization.

Fallon and McConnell (2014) mentioned two types of legal complaints related to performance appraisal

issues. The first is alleging violations of individual rights specified under Title VII of the Civil Rights Act of

1964. The second is alleging violations of the Age Discrimination in Employment Act. These performance

appraisals will discover any disparate impact on a specific group or class of employees, such as older

employees.

One of the ways to limit performance appraisal issues is avoiding any unsupported negative commen ts.

These unsupported negative comments can cause legal issues. Another way is developing a performance

appraisal system that has specific procedures for completing appraisals. Bernardin and Wiatrowski (2013)

discussed that there should be more than one rater during the performance appraisal procedure, and the raters

should document specific details with evidence. Also, they should be trained on how to use the performance

appraisal system.

D. S.

Past performance appraisals can influence the outcomes of employment-related legal actions in a positive

and negative for employee or the employer. If an employee is terminated or laid off by an employer the

employee could use past performance appraisals or lack there of to refute their cause in a wrongful

termination suit. The employer could use the appraisals to support their decision to lay of, fire or refuse to

promote someone. Performance appraisals are time consuming but they are very for both the employer and

the employee. Due to the complexity of performance appraisal some organizations will not do them which

leave them vulnerable to being sued.