Performance Evaluation and Communication

6. Performance Evaluation and Communication 
Farm organizational structure (optional)
To clarify key supervisory relationships and lines of communication at the farm, you may want to include a section that indicates who the farm owners and managers/supervisors are at the farm and how people in different positions at the farm are connected. For example, who do employees report to and who should they communicate with about different work areas? How are key responsibilities divided between individuals? You can also refer to an organizational chart that you include in the appendix of your employee manual.

Feedback (*a good-to-have section*)
Use this section to encourage your employees to feel comfortable sharing their ideas and input to you. Because many things can get in the way of clear communication at a farm – be it a full workload, the fast pace that is required, language barriers, and/or cultural differences – it is important to actively encourage employees to give you their feedback if you want to foster effective two-way communication at your farm. There are many benefits to having your employees communicate openly with you about their experiences and observations in their day-to-day work, including their ideas for streamlining work tasks or fostering a positive work environment at the farm. If employees do not feel they have an outlet for expressing their feedback, they are likely to feel less respected and motivated to do their job well. Moreover, you will miss out on the opportunity to learn from your employees’ ideas and improve their investment in their work at the farm.
 

Sample language: We always welcome your feedback and your ideas! Things can get very busy at the farm, especially during peak season in July and August, and we may not always remember to check in with you to see how things are going, so we want to emphasize that we value your feedback on how things are going for you at the farm – including ideas for how we can improve work tasks, improve the work environment, or better meet your needs. If you want to share feedback at any time, please let us know. Whenever possible, we will listen to your thoughts right away – or, if we are limited on time or a longer conversation is needed, we will try to find a more convenient time to talk as soon as possible.
 

Questions and concerns (*a good-to-have section*)
What is the process for employees to ask questions or to express any general concerns? Who should they speak with? Is there a preferred time (of week or day) or a preferred method? Are there particular concerns you want to specifically highlight to encourage employees to notify you about them – such as housing or equipment repair needs? As an employee, you can lay out any norms for how you intend to respond to such employee concerns. Some farms offer the option for employees to submit their suggestions or concerns in written form if they prefer that to sharing them verbally. Whatever method(s) you suggest, be sure not to make the process too cumbersome – remember that it is both in your best interest and your employees’ best interest if your employees feel comfortable asking questions and sharing any concerns with you.

Check-ins and performance reviews (optional)
Having a consistent system in place for checking in with employees – which you hold supervisors accountable to even when schedules are busy – can go a long way to ensuring good two-way communication between employees and their supervisors. You may or may not choose to explicitly describe this system in your employee manual, but if you do choose to outline your system this can help you maintain accountability (provided you do in fact follow through with the system you describe!).

Use this section to discuss the farm’s norms and routines for completing employee evaluations, doing formal performance reviews, and/or having regular check-ins with employees. Consider including such details as: who will review employee performance, and when; what might be discussed in check-ins or performance evaluations; whether employees will be given an outline of performance expectations and evaluation criteria; how you will set performance goals; and whether you will ask your employees to share with you their own personal employment-related goals. Never state that you will complete annual evaluations, as this can imply a promise and creates an expectation of a yearly increase if performance is satisfactory. You may consider a 3-month evaluation/trial period for new employees – just be sure not to call it “probationary.”

Disciplinary/termination procedures (optional)
To support consistent disciplinary procedures and provide clear expectations for your employees, you may want to provide more detail about your farm’s disciplinary procedures, discussing kinds of unacceptable behavior and consequences, outlining your farm’s termination policy, and/or describing progressive disciplinary procedures. However, it is also important to note that providing specific information about disciplinary and termination procedures may risk jeopardizing the at-will nature of employment (see more information below). Do not promise to follow a step-by-step process prior to termination – such as an oral warning, followed by a written warning, followed by termination – and if you discuss disciplinary procedures you should repeat the at-will disclaimer. You may consider stating that an employee can be fired for excessive absenteeism or tardiness, even if unavoidable. Do not state that you have a disciplinary probation period, though you may choose to have an evaluation period.

Laws to keep in mind:
A section that outlines disciplinary and/or termination procedures can put the ‘at-will’ employment status of your business at risk by creating a legal obligation for an employer to follow the procedures laid out in this section (for more information on “at-will employment,” refer to that section above). However, outlining these procedures can also benefit you and your employees as discussed above. Many employment attorneys discourage including specific information about these procedures in your employee manual altogether, or at least discourage including such information unless you are 100% sure that you will be able to commit to following the procedures you outline. Other attorneys suggest that you can mitigate the risk of including such information if you also include prominent language at the beginning of this section that reaffirms the at-will nature of employment and the “sole and absolute discretion of the farm” in determining the appropriate disciplinary procedures, which may include immediate dismissal.

Promotions (optional)
Do you have clear criteria regarding how you promote workers on the farm that you would like to communicate to employees? Do you have certain goals that employees should strive for or skills they should acquire if they are interested in taking on more responsibility or new roles? If so, you may want to outline these in this section – just make sure that you consistently follow any criteria and promotional procedures that you lay out in this section.

Closing:
Closing thoughts (*a good-to-have section*)
You may want to consider ending your manual with a brief summary of what you hope your employees will take away from reading the manual, and, especially, emphasizing that you encourage them to ask questions of their supervisor if they would like clarification on any aspect of the farm’s policies.

Sample language:
A final word – we hope you have found this handbook helpful. If you are ever in doubt about a policy or procedure, or would like more information about how this information applies to your circumstances, please ask your supervisor for guidance. We hope that this handbook will clarify your role as an employee and our role as an employer. Again, we welcome you to our farm team!

Acknowledgment (optional)
You may want to consider having employees sign to acknowledge their receipt of the manual. This can be legally protective, such as in the event of a claim of harassment. However, it can also create legal risk, since a signed acknowledgement – especially without a legal disclaimer reserving your right to change policies at any time – may increase the possibility that a court will interpret your manual as an employment contract. If you do ask your employees to sign off on an acknowledgement that they understand the information in the manual, you should consider also including a statement in the acknowledgement that indicates they understand their at-will status and their employer’s freedom to change the policies in the manual.

Many attorneys advise that, instead of having employees sign such an acknowledgment, the employers themselves keep careful records of their provision of the employee manual to each of their employees, documenting the date on which they give it to the employee, the identity of manager or supervisor who gave it to the employee, the verbal explanations or other training given to employees on the contents of the manual, and the fact that employees were given the opportunity to ask questions to ensure their understanding of the information in the manual.

Sample language:
Option #1 (short and with limited legalese): I acknowledge that I have received the employee manual, that its contents have been explained to me in a manner I could understand, and that I have been given the opportunity to ask questions about the information in the manual. I am aware that my employment at the farm is “at will” and that the policies and other information described in this manual may change at any time, with or without notice to employees and at the sole and absolute discretion of the farm. 

Option #2 (if you want to prioritize covering all legal bases): In order to create a rewarding place to work, the farm has designed this handbook for employee and manager guidance only and does not intend for it to set forth any binding rights or to be a contract.

This handbook supersedes all previously issued handbooks, policies, and procedures. The farm reserves the right to unilaterally interpret, change, alter, suspend, cancel, or decline to apply any particular policy contained in the handbook at any time, based on a given situation if, in our discretion, to do so would best serve the farm’s interests. These changes may be made at the farm management’s discretion with or without advance notice and without having to give cause or justification.

You are employed by the farm at will, and this handbook does not create any independent contractual rights, duties, or obligations. You are free to resign your employment with the farm at any time. Similarly, the farm may terminate your employment for any lawful reason, with or without notice, at any time. The farm may not terminate an employee for any unlawful reason. If a misunderstanding, situation, or problem arises that you believe was not handled properly, please refer to this handbook for guidance and consult your supervisor or the farm manager for resolution.

We hope you will find this handbook helpful, informative and interesting. We ask that once you have read your handbook, you sign below indicating that you have read and understood the contents and how it applies to you. If you do have any questions or concerns, please contact your supervisor or the farm manager. We wish you success and hope you enjoy your work here!

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Last Page: Expectations for Employee Conduct