As stated previously, performance management has a variety of purposes, one of which is documentation should there be a legal challenge related to performance. To ensure that your performance management process is defensible:
Base the process on well written job descriptions and job-related activities
Have the manager and employee collaborate on setting performance objectives
Establish results (objectives) and behaviors for which you can develop observable measures; avoid traits such as ‘initiative’ which require subjective assessments
Ensure that the employee keeps a copy of the performance plan (work plan) and expectations set at the beginning of the performance management cycle
Provide ongoing monitoring and feedback on performance to the employee
When problems are identified with performance, provide support (training, coaching, etc.) and adequate time for the performance to improve
Train managers on all aspects of the process and on how to reduce bias and error in assessments
Ensure that the performance assessment form accurately documents performance – if overall performance is poor say so
Do not make any notes that you would not want the employee to see because the documentation may be admissible in court (or at arbitration in a unionized workplace)
Periodically review the performance management process to ensure that it is being applied consistently and fairly
Establish an appeals process
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