Tag Archives: Performance

When you finish grading your students, grade your own performance.

At this time of year, many law professors feel a certain sense of despair. After pulling themselves out from under a mountain of final exams and papers, they must eventually turn their attention to their students’ evaluation of the course. … Continue reading

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Firm Lawyers to Receive Performance Feedback by App

Add this one to the list of the benefits of being an in-house lawyer. You don’t receive performance feedback by app. At least for now, that is. So when firm lawyers are using their phones, they might just be receiving … Continue reading

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Specific Performance of California Real Estate Contracts – The Buyer Must Prove that they Satisfied Every Requirement of the Contract

In an action for “specific performance” a party to a contract seeks the court order the other party to perform as required by the contract. One requirement for such an order is that the remedy at law is inadequate – … Continue reading

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Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First Department The Appellate Division annulled the determination of respondent New York City Department of Education [DOE] sustaining the "unsatisfactory" rating for the 2010-2011 academic year give to John Joyce, a tenured teacher. The court said that the record demonstrates "deficiencies in the performance review process" that resulted in Mr. Joyce being given an unsatisfactory rating for the 2010-2011 academic year. Citing Matter of Gumbs v Board of Educ. of the City Sch. Dist. of the City of N.Y., 125 AD3d 484, and Matter of Richards v Board of Educ. of the City Sch. Dist. of the City of N.Y., 117 AD3d 605, the Appellate Division noted that these deficiencies "were not merely technical, but undermined the integrity and fairness of the process." Mr. Joyce had received a satisfactory rating for the previous academic year and, in contravention of its own procedures, DOE failed to place him on notice that he was in danger of receiving an unsatisfactory rating for the 2010-2011 academic year until after April 28, 2011. Although DOE's procedures required that tenured teachers in danger of receiving an unsatisfactory rating have "formal observations including a pre-observation and post-observation conference by the principal … as part of a prescriptive plan to improve their teaching," Mr. Joyce received only one formal observation which took place one week before the end of the academic year and was not part of a prescriptive plan to improve his performance as a teacher. The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03433.htm

Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First DepartmentThe Appellate Division … Continue reading

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New FCA webpage: Remuneration and performance management of sales staff (SYSC 19F)

On 23 May 2018, the FCA published a new web page containing information on chapter 19F of the Senior Management Arrangements, Systems and Controls sourcebook (SYSC), which implements the MiFID II requirements concerning the remuneration and performance management of sales … Continue reading

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