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Performance Evaluation South Dakota

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  • Performance Evaluation South Dakota

    Recently we had several new items added to our list of objectives on our yearly evaluations. One of these new objectives is Diversity. To obtain the highest level rating we are required to attend a 'diversity event' outside of working hours.

    I'm opposed to this morally as I don't feel that I should be graded on how I want to show I care about diverse people. I also don't feel forced participation is a good way to get people interested in diversity. Aside from this, I'm curious if it is legal to consider unpaid time away from work in your performance review that determines raises and promotions?

  • #2
    The fact is, that whether you agree that it's a good and/or useful idea or not, it's a perfectly legal job requirement and you can be disciplined or even fired if you refuse to carry out a legal instruction.

    Now, whether the time needs to be paid or not is still an open issue. First, are you an exempt or a nonexempt employee?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      I'm an hourly employee, and the activities in question would be outside of work hours and unpaid.


      • #4
        Greystreet, as an hourly paid non exempt employee if you are not paid for this little adventure then it CAN NOT be used as part of the criteria to rate you on your job. Talk to a labor law attorney in your area about this. They CAN NOT require you to do any UNPAID activity as part of your job and a yearly evaluation is based on YOUR JOB not your home life for crying out loud. Now if they want to pay for you to attend a seminar or an activity revolving around a diversity themed event and pay you to attend it then they can use that as part of your job evaluation. What next? Are they going to evaluate your job on how well you wash your dishes at home or how well you cut the grass? MY GOD!
        Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.


        • #5
          The question isn't, "Can they require it or use it in your evaluation?" because they can. The question is, "Do they have to pay you for it?". There are no laws requiring performance evaluations let alone that stipulate what criteria may be used. Obviously there are laws the prohibit certain factors being used but aside from that, the sky is the limit. If an employer wants to use what you consider irrelevant measures to evaluate you, they may. Is it wise? Maybe, maybe not. There could be a good reason for the request.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


          • #6
            OTOH, it's a perfectly legal job requirement, and because it is mandatory, the time is compensable. Is this a specific class you must attend at a specific place/time?

            Again, if you refuse to attend, you can be fired. If you do attend, and you are not paid, then your recourse is filing a wage claim with the state Dept. of Labor.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


            • #7
              It's not really mandatory, and I certainly won't be fired for not attending. But our merit increase is based on it. Does that make a difference?

              There is not specific time or place, just that it is outside work hours for the highest rating.


              • #8
                Then it's your choice to make. If you want to be "marked down" on your evaluations for not attending, then fine. If you don't, then you will suck it up and attend, whether you "agree" or not.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


                • #9
                  Are they specifying what kind of "diversity event"? If it's a workshop, will they pay for it? If it's not specified, why don't you just go to some type of food event, like ethnic dishes or foods from around the world, etc?


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