Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Are Performance Reviews Becoming Passé? Five Tips for Re-tooling Your Policy

Author: Scarinci Hollenbeck, LLC

Date: July 30, 2015

Key Contacts

Back

For supervisors and their reports, the requirement for conducting performance reviews has been an annual rite that both sides have endured at sufferance. The quality of the process and its purpose is rarely evaluated or questioned.  However, this is increasingly not true as businesses are beginning to cast aside formal employee reviews in favor of less structured, more flexible evaluations.

Accenture, one of the world’s largest employers, recently announced that it would no longer require its 330,000 employees to undergo annual performance reviews. In addition, the company is also abandoning its forced ranking system in favor of a system in which workers receive regular feedback from their supervisors.

Performance Reviews

“All this terminology of rankings — forcing rankings along some distribution curve or whatever — we’re done with that,” Accenture CEO Pierre Nanterme told “We’re going to evaluate you in your role, not vis-a-vis someone else who might work in Washington, who might work in Bangalore. It’s irrelevant. It should be about you.”

This decision reflects a growing employment law trend. Six percent of Fortune 500 companies have eliminated rankings, according to the management research firm CEB. Other notable companies that have made similar changes to their performance evaluation procedures include Deloitte, Gap, Adobe, and Medtronic.

Understandably, many New York and New Jersey businesses are beginning to question if they should follow this example. Is there a happy medium between forced rankings and random performance conversations?

Why you should re-vamp your performance reviews

In lieu of total abandonment, it makes sense for employers to at least re-tool their performance review process. This is because reviews are almost always performed by supervisors with no training for the job and with no attempt at obtaining quality control over the results. The supervisors charged with the task typically judge the job performance assignment to be an unwanted, thankless task that gets in the way of the mission of making money.

The reviews are often slapped together with little or no careful or structured thought.  This then results, at times, with an employee being terminated for alleged lack of performance or incompetence but whose formal reviews provide glowing (and glaring) contradictions undermining the stated reason(s) for the negative employment action. Furthermore, there are often gross discrepancies and disparate assessments among the persons conducting the reviews.  For one reviewer, a 5 (out of 10) is a failing grade while the next reviewer regards this as a high mark

Things to keep in mind for performance reviews

If employee reviews are to be performed, it is very important that the employer:

  • Take the process seriously and devote sufficient resources to do the job “right;”
  • Choose the criteria that are to be the measures of performance carefully; question whether such criteria are really relevant to performance;
  • Train the reviewers to help them understand their role and the expectation to include attempting to achieve a more uniform application of the stated criteria;
  • Review the results on a preliminary basis to spot negative trends and anomalies in the scoring;
  • Curve the scores so that there is some consistency of the results from one reviewer to another; and
  • Define the purposes and consequences for the reviews, and appropriately apply the approved use(s) for the results (retention, promotion, raises).

Generally, most employers have been unwilling to devote the time and resources to these efforts.  The consequence can be the assertion of an employment or discrimination claim that will be difficult to defend. Rather than being unduly exposed to such claims, the defendant-employer would be better off with no review than one that has been poorly executed.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments post image

New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments"
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy post image

“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]

Author: Sean M. Pena

Link to post with title - "“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy"
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders post image

Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]

Author: Nicholas Wall

Link to post with title - "Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders"
Navigating Disputes: Hire a Partnership Dispute Lawyer post image

Navigating Disputes: Hire a Partnership Dispute Lawyer

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]

Author: Jay McDaniel

Link to post with title - "Navigating Disputes: Hire a Partnership Dispute Lawyer"
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"
Zoning Laws Explained: What You Need to Know Before Buying Property post image

Zoning Laws Explained: What You Need to Know Before Buying Property

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "Zoning Laws Explained: What You Need to Know Before Buying Property"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!