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Performance Appraisals: New Hampshire

Performance Appraisals requirements for other states

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

Authors: James P. Reidy, Sheehan Phinney Bass + Green PA; Christine P. Corrigan, CPC Writing Services


  • New Hampshire law does not require employers to conduct performance appraisals. However, the performance appraisal process provides benefits to both employers and employees. See Why Conduct Performance Appraisals?
  • Documents created and maintained by an employer pertaining to an employee, including performance evaluations and any disciplinary records, must be included in the employee's personnel file. See Documenting Performance Appraisals.
  • A fair and documented performance appraisal process can help employers defend against workplace lawsuits and claims brought by employees. See Performance Appraisals and New Hampshire Law.
  • The New Hampshire Law Against Discrimination expands the number of federally protected classes. See Discrimination.
  • Employers may not conduct or use performance appraisals in a retaliatory manner. See Retaliation.
  • New Hampshire employers may be liable for negligent retention in certain circumstances. See Negligent Retention.
  • Because of the threat of a defamation suit, many New Hampshire employers will not give any references about a former employee, positive or negative, but will disclose only the dates the employee worked there. See Defamation.