Performance Appraisals: Ohio
Federal law and guidance on this subject should be reviewed together with this section.
Authors: Stanley Weiner, E. Michael Rossman, Elizabeth Dicus and Theresa Dean, Jones Day
Summary
- Like federal law, Ohio prohibits employment discrimination and retaliation based on membership in a protected class, use of protected leaves or filing of whistleblower complaints. See Protected Classes and Retaliation.
- With respect to performance appraisals, employees may file claims based on defamation and intentional infliction of emotional distress. However, employers have a number of defenses to these claims. See Employer Liability.
- Generally, Ohio employers have a qualified privilege that protects statements made during performance appraisals. See Employer Liability.
- Ohio recognizes causes of action for negligent hiring and negligent retention. Employers may be liable for failure to fire or train incompetent employees. See Negligent Hiring or Negligent Retention.