An Administrator's Guide to California Private School Law

Chapter 5 – Employee Evaluations

performance deficiencies and setting forth the expectations for future performance. Written documentation should generally follow a verbal discussion about the performance deficiencies. Providing written documentation reinforces the verbal discussion, emphasizes the importance of addressing the performance issues, and establishes a written record the employee was notified of the deficiencies and the expectation to improve his or her performance in that area. Second, performance evaluations and other performance documentation are often important in supporting termination or other forms of employee discipline. While some employees overcome performance issues raised in their evaluations and other documentation, when they do not, discipline and sometimes termination from employment is the next step. Performance evaluations and other documentation that show a history of documented performance problems increase the ability of the school to take action that is in the best interest of the school. Performance evaluations and other documentation also help when an employee challenges a school’s decision not to offer employment for a successive school year. Third, solid performance evaluations and other documentation help defend against litigation involving employment issues. Performance evaluations and other documentation that contain a documented history of performance deficiencies will provide strong evidence to support employee terminations which are challenged in court or other venues, such as the Labor Commissioner or the Department of Fair Employment and Housing. In one case, where an employee alleged he was retaliated against for complaining about racial discrimination, the court specifically noted that the long and detailed history of performance deficiencies in the employee’s evaluations demonstrated a legitimate business justification for the employer’s actions. 478 Having a successful system for evaluating employee performance benefits a school in many ways and gives the school flexibility to take necessary actions and effectively manage its workforce. W HY W E A VOID G IVING A CCURATE P ERFORMANCE E VALUATIONS Why do supervisors and managers sometimes avoid giving accurate evaluations when they are so important? There are many reasons: Section 2

 Too Busy - Detailed and accurate evaluations take too much time and there is too much other work to do and “fires to put out” that take priority. As a result, evaluations are put on the “back burner.”  Want To Support Employees - Supervisors want to support employees and feel that giving critical feedback is not being supportive. Therefore, supervisors focus only on the positive aspects and minimize or avoid the more difficult conversations or topics.  Hard Giving Critical Feedback – It is sometimes uncomfortable to give accurate evaluations with critical feedback. Supervisors usually want to be liked and to avoid confrontation and hurting an employee’s feelings.

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