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.
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?
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.
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