Employment Law Attorney in Minneapolis, Minnesota
Decision Based on Performance, Not Ability
Decision Based on Performance, Not Ability
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Am I being focused on performance and not on the person? Because, for example, we think of people, really the right word to use is people with different levels of ability. ‘Cause all of us have different levels of ability. Right now since the law changed in January 1, 2009 lots of folks fit the definition of disability, you know, when you think about our own personality quirks. And are you making a decision with respect to termination that’s focused on what everyone does day in, day out rather than your guesses or your beliefs about what someone’s abilities are. Because you might have all the abilities in the world and not do them. Or you might have very limited abilities and you way exceed what you would expect with those abilities.
Minneapolis and St. Cloud employment law attorney Sheila Engelmeier explains that focusing on performance, and not on the person, is important for employers to consider when making a hiring or firing decisions. She emphasized that employment decisions, particularly termination, should remain focused on an employee’s job performance rather than on personal characteristics or assumptions about the individual’s abilities. She noted that it is more appropriate to recognize that people have different levels of ability, as everyone possesses unique strengths and limitations. She also pointed out that, following changes in the law that took effect on January 1, 2009, many more individuals may meet the legal definition of having a disability.
She encouraged employers to base termination decisions on an employee’s actual day-to-day performance instead of assumptions or personal beliefs about what the employee is capable of doing. According to her, an individual with many abilities may still fail to perform satisfactorily, while someone with more limited abilities may exceed expectations. She stressed that employers should evaluate employees based on demonstrated performance rather than perceived abilities.
