Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

On November 10, 2007, a human resource professional specializing in employee relations spoke in San Francisco about performance management.

There is consistency when an employee relations team reports to corporate that overlooks all of a company.  Consistency allows an employer to treat employees fairly.  People usually do not complain if they are treated fairly. 

Consistency means treating similar situations similarly.  When there is different treatment, there may be an allegation for disparate treatment.  This occurs when a person is terminated and is in a protected category.  Employers should not make decisions based on protected categories.  Rather, feedback should be about the job.  The employer should identify the behavior, give the person an opportunity to correct the behavior. 

An employer can be negligent when it gives feedback and does not tell the person about the behavior and how to improve.  If an employer gives a substandard review, and does not empower the employee to be successful, there may be negligence.