QUESTIONS

BUSINESS – QUESTION 4

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July5, 2014.

Comparisonand contrast between negative performance review

Anda termination letter

Anegative performance review conveys negative feedback on employeeoverall job performance. In most cases, the assessment feedback isbased on performing dismally as expected of the tasks. In othercases, negative performance review may convey poor discipline orworking relation with others. A termination letter, on the other handis the official way of informing a particular employee that theirinput is no longer needed at the firm. There are various reasons fora termination letter some may be due to poor performance, lack ofdiscipline at work, retrenchment, end of project or closure of thefirm and resignation request from the employee (Thill &amp Bovee,2013).

Inthe two cases, both negative performance review and terminationletter messages do not satisfy most employees. Most victims of suchmessages feel that there were bias and subjective elements. As such,they do not agree or readily accept the facts unless explained inconversation form where the employee asks questions to clarify ordefend their status. Victims can associate such messages todiscrimination and lawsuits have always followed some cases ofnegative performance review or termination letters.

Negativeperformance reviews are mostly associated with subjective bias ordiscrimination on a victim. In some aspects, negative performancereviews do not assess the ‘wholistic’ performance of anindividual but focus on A particular area this is subject to biasedevaluation. Negative performance may prove hard to contest in courts.Termination letters, on the other hand, leads to a lawsuit if thereasons of termination have not been clearly spelt out. In addition,termination letters lead to complexities of compensating theemployee. While negative performance review serves as a warning andparties involved can dialogue, a termination letter conveys ‘final’message to an employee. In most cases, termination messages are noteasily negotiated unless fought out in courts (Thill &amp Bovee,2013).

Defenseof contract

Acontract is a legal arrangement between or among parties who lawfullyand voluntary create obligations between them (Meiners &ampEdwards2011). As such, individuals have legal capacity to abide on the termsof ‘offer’ and accept to abide to mutually agreed obligations. Acontract is bound and cannot be formed as a contract if there are

  • Mistakes

  • Incapacity

  • Duress

  • Undue influence

  • unconscionability

  • Misrepresentation or frustrations

Thesedefenses exist to determine if the contract is void void contractshould never be ratified by either party. In short, the contractshould be valid if it is legally abiding and parties involved agreeto terms and conditions therein (Meiners &ampEdwards 2011).

References

Meiners,Ringleb &ampEdwards 2011. ‘The Legal Environment of Business (11thEdition),

Boston,Massachusetts: Cengage Learning Press.&nbsp

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Thill,J., &amp Bovee, C. 2013. ‘Business Communication Today (12thEdition),’ Upper Saddle River, New Jersey: Prentice Hall Press.