EdLawConnect Blog

As we reach the approximate midpoint of the academic year, we believe it is important for employers to look ahead to nonreelections and year-end performance evaluations of permanent employees.  We therefore remind our readers of important procedural considerations in the evaluation process, and also offer some substantive tips in preparing evaluation documents.

• A strong employee evaluation includes information from multiple sources, and is an accurate reflection of the employee’s performance throughout the entire evaluation period.  Utilize all prior verbal and written directives for improvement and information gained from in-person observations through the evaluation period when preparing the evaluation.
• Constructive criticism is provided to assist the employee with improving his or her performance.  Such criticism, therefore, should be accompanied by concrete examples of the employee’s failure to meet expectations, and suggestions about how the employee can improve his or her performance.
• Each category should include specific examples that support the rating given.  If an employee receives an “unsatisfactory” rating in attendance, the comments section should include the number of times an employee was absent or tardy that evaluation period, and a brief summary of why the employee’s absences violated District policy, and/or pertinent contract and collective bargaining agreement provisions.
• The overall rating should reflect the ratings received in individual categories.  If an employee receives multiple “needs improvement” ratings in the evaluation categories, the employee should not receive an overall rating of “satisfactory.”
• Similarly, written comments should reflect the overall tenor of the evaluation.  If an employee receives negative ratings, the comments should not imply that the employee has performed satisfactorily.
• Review prior evaluations to determine if the employee has made previously recommended improvements.  Decisions not to reemploy or to discipline an employee are best supported by evaluations that consistently identify performance concerns and state whether the employee has improved in the area(s) of concern.
• The evaluation must be placed in the employee’s personnel file after it is provided to the employee.  Please remember to notify the employee that the evaluation will be placed in his or her personnel file.  An administrator must consult the employee’s contract and/or collective bargaining agreement to ensure all provisions regarding placement of documents in an employee personnel file are followed.
• Shortly after discussing the evaluation with the employee, the administrator can provide the employee with a written Conference Summary that memorializes the content of the conversation, to be entered into the personnel file.  Conference summaries are a useful tool to determine whether concerns not addressed in the formal evaluation were verbally addressed with the employee.

While time-consuming, a detailed and candid evaluation provides an employee with written direction for improving their performance, or, if necessary, support for taking disciplinary action.