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Performance Appraisals: Nebraska

Performance Appraisals requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Marcia A. Washkuhn and Kasey M. Cappellano, Kutak Rock LLP


  • Nebraska law generally does not require private employers to conduct performance appraisals or regulate the manner in which such appraisals are conducted. See Conducting Performance Appraisals.
  • While Nebraska's general antidiscrimination statutes do not specifically reference performance appraisals, all implicitly apply. See Antidiscrimination Statutes.
  • In conducting performance appraisals, employers should be mindful that under Nebraska law, they can be liable for physical harm to third persons resulting from the employer's negligent retention of an improper employee. See Negligent Retention.
  • Most state agencies must conduct performance appraisals in accordance with Nebraska regulations. See Performance Appraisals Required For Public Employees.
  • The State Government Effectiveness Act prohibits public employers from making discriminatory personnel actions, including those relating to performance appraisals, based on an employee's disclosure or report of wrongdoing under the statute. See State Government Effectiveness Act.