Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
Q:
I am evaluated using the Total Army Performance Evaluation System and one of my objectives is to have no accidents. If I do, I am supposed to receive a less than successful rating on that objective. Doesn’t this discourage employees from reporting accidents and getting compensation available to them?
A:
Base on the interpretation provided by the Federal Circuit Court of Appeals, performance standards may be written to expected perfection, but they cannot be applied to fire someone who has only a simple lapse in his or her performance standard.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
