The Evaluation Trap: Why Your Performance Appraisal System is Most Likely to Be Used Against You in Court and What to Do Instead


Instructor: Gary L Markle
Product ID: 702466

  • Duration: 90 Min
This 90-minute webinar will help you identify the flaws in your performance appraisal system and provide practical guidance and tips on how you can rectify it to meet HR and legal compliance requirements.
Last Recorded Date: May-2016


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Why Should You Attend:

While widely performed, at least in part, to provide organizations with legal protection, performance evaluations are actually typically used in court against the company they are meant to defend.

This thought-provoking webinar reveals the fatal flaw in one of HR’s most compliance-driven processes, the performance appraisal system. This session will explain where the system breaks down, and what to do instead to meet HR and legal compliance requirements while setting the stage for a revolutionary performance management system that works!

This webinar will further explore the well-intentioned but misguided compliance-based reasoning for mandating the use of performance reviews. It will also clearly describe the basic building blocks you will need to develop & maintain a performance management systems that complies with HR and legal needs while yielding far more effective results in the area of employee behavior modification, motivation and career development.

Learning Objectives:

Attendees will gain

  • Clarity as to why almost every organization is doing something everyone hates.
  • Insight into what to do instead.
  • Knowledge of how to evaluate the effectiveness of any evaluation system.

Areas Covered in the Webinar:

  • Brief background of Performance Management Compliance.
  • Two reasons labor attorneys believe performance appraisals are flawed.
  • The danger of performance labels, grades, scores, ratings and rankings.
  • Case studies: Delta, Coca-Cola, Walmart, GE & Microsoft.
  • The critical difference between discriminant intent and discriminant impact.
  • Developing employees vs. documenting the file.
  • A more effective way to minimize legal risk and improve productivity.
  • Training managers to coach rather than evaluate.
  • Elevating HR professionals from “policy police” to “coaching consultants”.

Who Will Benefit:

  • Human Resource Managers
  • Human Resource Executives
  • Vice Presidents of Administration
  • CEOs
  • COOs
  • Chief People Officers
  • Organizational Development Managers
  • Senior Operations Managers
  • Directors of Learning and Development
  • Risk Management Specialists
  • Attorneys and Legal Staff
  • Human Resource Consultants

Instructor Profile:

Garold (Gary) L. Markle, is the founder and President of Energage Inc., a management consulting firm dedicated to helping business leaders "energize and engage the human spirit at work." Gary authored the book “Catalytic Coaching: The End of the Performance Review,” which has a five-star rating on and has held a position in their top 5% of all books sold for 37 consecutive months. He is a longstanding speaker to CEO groups such as Vistage and TEC (The Executive Committee) and has presented nearly 500 workshops across the US, Canada, the UK and Asia. Prior to beginning a consulting and speaking practice, Markle served in senior level HR management and executive positions for four globally prominent companies. His most recent position was Vice President of Human Resources of a $700million international chemical company. Gary holds a Master’s Degree in Organizational Communication from Purdue University, a Bachelor’s Degree from the University of Wisconsin-Milwaukee, and Senior Executive Human Resources Certification from the University of Michigan Graduate School of Business.

Topic Background:

The ritual of the employee performance appraisal is rooted in good intention and yet, almost no one likes it. With few exceptions, employees find the exercise demeaning while managers consider it a profound waste of time. Despite the disdain, the practice can be found in organizations of all shapes and sizes. Why then, is everyone doing something that everyone hates? Perhaps the most powerful reason stems from the compliance-driven belief that as an organization, “Performance evaluations are supposed to protect us.”

Fear of litigation is a powerful motivator. Every formally educated HR leader has been indoctrinated in the belief that performance evaluations are essential for documenting the file in a manner that will protect the organization from an employee who wants to cause it harm. Hence, it doesn’t matter that no one likes the ritual. It’s a prophylactic measure designed for protection, not popularity. The fatal flaw with this argument is that performance evaluations almost always do more harm than good.

More often than not, your forms will be used in court against you, rather than for you. Study your own case history. Ask your labor attorney. Like it or not, the data overwhelmingly suggests that the gun you put in the night stand beside your bed is more likely to be used against your family than to stop an outside intruder. It’s not what you want. It’s just a fact.


Course "The Evaluation Trap: Why Your Performance Appraisal System is Most Likely to Be Used Against You in Court and What to Do Instead" has been pre-approved by SHRM as eligible for “1.5” credits and HRCI as eligible for “1.5” credits towards a participant's recertification upon full completion.
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Refund Policy

Registrants may cancel up to two working days prior to the course start date and will receive a letter of credit to be used towards a future course up to one year from date of issuance. ComplianceOnline would process/provide refund if the Live Webinar has been cancelled. The attendee could choose between the recorded version of the webinar or refund for any cancelled webinar. Refunds will not be given to participants who do not show up for the webinar. On-Demand Recordings can be requested in exchange. Webinar may be cancelled due to lack of enrolment or unavoidable factors. Registrants will be notified 24hours in advance if a cancellation occurs. Substitutions can happen any time.If you have any concern about the content of the webinar and not satisfied please contact us at below email or by call mentioning your feedback for resolution of the matter. We respect feedback/opinions of our customers which enables us to improve our products and services. To contact us please email [email protected] call +1-888-717-2436 (Toll Free).




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