Performance Appraisals: Idaho
Federal law and guidance on this subject should be reviewed together with this section.
Authors: Scott Randolph and William Dabney,Holland & Hart LLP
- Generally, Idaho law does not restrict private communications involving opinions, such as performance appraisals, particularly when those communications are kept confidential between management and the employee. See Performance Appraisals and Liability.
- Employees may file claims based on defamation, implied-in-fact contract, invasion of privacy and intentional infliction of emotional distress in Idaho, in which performance appraisals can be used as evidence. See Common Law Claims.
- Idaho law allows individuals to bring claims for negligent hiring, retention and supervision by third parties, in which performance appraisals could prove probative. See Common Law Claims.
- Under the Idaho Human Rights Act, employers are prohibited from discriminating against an employee with respect to compensation, or terms, conditions or privileges of employment on the basis age, race, color, religion, sex, disability or national origin. These employee protections should be kept in mind when evaluating job performance. See Performance Appraisals and Discrimination.
- Potential retaliation issues may exist if an employee received a poor performance review after he or she has engaged in a protected activity under Idaho law. See Performance Appraisals and Retaliation.