Performance Appraisals: Delaware
Federal law and guidance on this subject should be reviewed together with this section.
Author: Jennifer C. Wasson, Potter Anderson & Corroon, LLP
- Delaware law recognizes a conditional privilege in favor of employers with respect to defamation and libel claims in the context of performance appraisals for employees. See Performance Appraisals and Tort Claims By Employees.
- In Delaware, an employer may disclose certain information about a current or former employee's job performance to a prospective employer without incurring civil liability. See Job References.
- While performance appraisals should identify employees' areas of improvement, significant deficiencies should be addressed promptly and adequately to avoid future negligent retention claims. See Negligent Retention Claims Under Delaware Law.
- In addition to being mindful of retaliation against employees in federally protected classes, employers completing performance evaluations should remember that Delaware law expands on those federally protected categories. Delaware law also protects certain employees whose prior complaints classify them as whistleblowers. See Liability Risks of Negative Reviews on Employees in Protected Classes.