Performance Appraisals: New Hampshire
Federal law and guidance on this subject should be reviewed together with this section.
Authors: James P. Reidy, Sheehan Phinney and Christine P. Corrigan, CPC Writing Services
Summary
- 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.