Issue: Qualification, Performance: Interim Evaluation; Ruling Date: May 29, 2001; Ruling #2001-096; Agency: Department of Corrections; Outcome: Not qualified
COMMONWEALTH of VIRGINIA
Department of Employment Dispute Resolution
QUALIFICATION RULING OF DIRECTOR
In the matter of Department of Corrections
Ruling Number 2001-096
May 29, 2001
ISSUE:
Does the grievant’s challenge to her interim performance progress review qualify for a hearing?
RULING:
No, the grievance does not qualify for a hearing. For information regarding the grievant’s options as a result of this ruling, please refer to the enclosed sheet. If the grievant wishes to appeal this determination to the circuit court, she must notify the Human Resources Office, in writing, within five workdays of the receipt of this ruling. If the court should qualify the grievance, within five workdays of the receipt of the court’s decision, the agency must request the appointment of a hearing officer, unless the grievant notifies the agency that she does not want to proceed.
EXPLANATION:
The grievant is employed as a Clinical Social Worker with the Department of Corrections. On March 15, 2001, the grievant received her second quarter Interim Performance Progress Review with a rating of "Fair (But Needs Improvement to Meet Expectations)." The review stated that the grievant needed to "improve interpersonal relationships with other staff." The grievant contends that the evaluation is arbitrary and unfairly addresses staff conflict by placing her as largely responsible for interpersonal relations among staff.
Under state policy, management may perform what is termed by the Department of Human Resource Management as an "interim evaluation" -- an informal means to communicate an employee’s progress towards meeting performance expectations throughout the performance cycle. 1This Department has long held that unlike annual performance evaluations, interim evaluations, regardless of their actual merit, cannot be qualified for hearing, unless there are facts that raise a sufficient question as to whether retaliation, discrimination, discipline or a misapplication of policy occurred, which is not the case here.
While there may be disagreement between the grievant and her supervisor regarding the grievant’s quarterly performance, her challenge against the interim evaluation does not qualify for a hearing.
Neil A.G. McPhie,
Esquire
Director
Tracey D. Watkins
Employment Relations Consultant