Are there any legal issues with an employee supervising and or participating in performance evaluation of another equal co-worker?
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Are there any legal issues with an employee supervising and or participating in performance evaluation of another equal co-worker?
I am a state employee in Arkansas. I have a question concerning co-workers participating in performance evaluations of other equal rank or pay grade employees. Originally, I worked with Arkansas corrections, and was taught in a training class that employees are not allowed to supervise other equal co-workers, or sign time sheets or leave forms or participate in performance evaluations. I now work with Human Services, and it is a normal routine for workers to complete second party reviews on equal co-workers which are used in part for the performance evaluation. This could adversely affect the employees ability to receive bonuses or raises, and may even cause the co-worker to be placed on probation or be terminated. Why would one state agency say this is a no no while another agency makes this part of the normal routine? Is this legal? Thank you.
Asked on June 24, 2018 under Employment Labor Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It is perfectly legal: any employer may set up any review process it likes, and reviews incorporating feedback from co-workers, while not the most common way to do things, are not unheard of either. As to why one agency would do this and another not, there are two possible reasons:
1) They (or their managers/supervisors/etc.) have different theories about how to manage--again, any employer may run things in its own business/department/agency however it likes, and there are many different management theories.
2) IF there is a union contract covering employees in one place but not the other, the employer would have to follow any terms of that contract in regards to performance reviews.
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