Performance Appraisals: Utah
Federal law and guidance on this subject should be reviewed together with this section.
Authors: Elizabeth Dunning and William Dabney, Holland & Hart LLP
- Generally, Utah 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 Conducting Performance Appraisals.
- Utah law allows individuals to bring claims for negligent hiring, retention and supervision by third parties, in which performance appraisals could be probative. See Negligent Retention and Supervision.
- Employees may file claims based on defamation, invasion of privacy and intentional infliction of emotional distress in Utah, in which performance appraisals can be used as evidence. See Common Law Claims.
- Utah employers enjoy qualified immunity from claims when providing information regarding an employee's job performance, provided the information is provided in good faith. See Employer References.
- In Utah, it is illegal to blacklist any employee. See Blacklisting.
- Under the Utah Antidiscrimination Act, employers are prohibited from discriminating against an employee with respect to compensation, or terms, conditions or privileges of employment on the basis of race, color, sex, pregnancy and childbirth, age, religion, national origin or disability. These employee protections should be kept in mind when evaluating job performance. See Performance Appraisals and Discrimination.
- Utah law provides protections against retaliation to certain employees who have engaged in protected activities. These employee protections should be kept in mind when evaluating job performance. See Performance Appraisals and Retaliation.