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Performance Appraisals: South Carolina

Performance Appraisals requirements for other states

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

Author: Meryl Gutterman, Nukk-Freeman & Cerra, PC

Summary

  • A performance appraisal is an opportunity for an employer and an employee to meet and discuss the employee's job performance, organizational priorities and performance goals. See Performance Appraisals Generally.
  • Performance appraisals may be kept in the employee's personnel file. Certain employees have rights of access to personnel files. See Personnel Files.
  • South Carolina law protects employers who release certain employee information, including performance reviews, in response to a written reference request from a prospective employer. See Reference Checks.
  • Employers should be aware of potential liability, such as defamation, intentional infliction of emotional distress and negligent retention claims, when drafting and executing performance appraisals. See Employer Liability Regarding Performance Appraisals.
  • South Carolina law prohibits employment discrimination on the basis of race, religion, color, sex, age, national origin or disability. These employee protections should be kept in mind when evaluating job performance and drafting performance appraisals. See Performance Appraisals and Discrimination.
  • South Carolina law prohibits retaliation against employees who engage in protected activities. These employee protections should be kept in mind when evaluating job performance and drafting performance appraisals. See Performance Appraisals and Retaliation.