1. PERFORMANCE EVALUATIONS Jay K. Rutherford Jackson Walker L.L.P. 777 Main Street, Suite 2100 Fort Worth, Texas 76102 (817) 334-7246 jrutherford@jw.com

2. Purpose Performance evaluations are an accepted fact in contemporary employment A regular written performance evaluation is an essential, if not the crucial element, in defending wrongful discharge and discrimination lawsuits over job performance

3. Legal Consequences of Nonexistent or Improperly Conducted Performance Evaluations (or Why Me Lord?) Performance evaluations are truly the proverbial two-edged sword When an employee is terminated for poor performance without any prior unsatisfactory performance evaluations or written warnings, the employer’s burden of proof is significant

4. The Evaluation “Don’t Worry Be Happy” Reviews “Mama, He’s Pickin’ on Me” Look Out Texas

5. To Minimize Litigation — Keep The Lawyers Out of It Frequency Make Sure They Can Do It Right (supervisor training) “Can I Have That In Writing?” “Honesty Is The Best Policy” Dollar Signs Consistency Employee Participation The End — Termination

21. Performance Evaluations Jay K. Rutherford Jackson Walker L.L.P. 777 Main Street, Ste. 2100 Fort Worth, Texas 76102 (817) 334-7246 jrutherford@jw.com