Overview: An employer may further employee training and development by conducting effective performance appraisals. Performance appraisals, also called evaluations or reviews, present challenges to employers seeking the best and most accurate method of evaluating employee performance. Various methods are available, including rating scales and checklists, forced ranking, management by objective, employee self-appraisal, and 360 degree feedback.
Employers should weigh the costs and benefits of any evaluation process before its implementation. Ideally, performance reviews should be a continuous conversation between employees and management. However, employers should ensure a minimum amount of reviews throughout the year, whether they are conducted annually or more frequently.
In addition, employers must decide when to conduct the evaluations: midyear, end of year, or on an employee's anniversary date. Employers must also determine whether to schedule the review cycle to coincide with compensation decisions.
XpertHR provides resources that aid in determining appraisal guidelines, selecting the best process, communicating effectively, adopting evaluation forms, using performance improvement plans (PIPs) and ensuring consistency among supervisors.
Trends: States continue to pass legislation protecting employers against employee defamation claims based on performance appraisals. A growing number of states offer employers immunity (although it is not absolute) when discussing an honest assessment of an employee's or former employee's performance with his or her prospective employer. However, employers continue to defend court claims in other legal areas related to performance appraisals, such as negligent retention or supervision claims based on poorly conducted employee evaluations, or retaliation claims citing poor performance appraisals as evidence.
Author: Marta Moakley, JD, Legal Editor
Updated to include a forthcoming amendment expanding discrimination protections based on sexual orientation and gender identity.
Updated to include the state Gender Expression Non-Discrimination Act, effective February 24, 2019.
Updated to reflect legal developments regarding the Seattle Hotel Employees Health and Safety Initiative.
Updated to reflect provisions of the Illinois Service Member Employment and Reemployment Rights Act, effective January 1, 2019.
Updated to include provisions expanding defamation protections, effective January 1, 2019.
Philadelphia employment attorney Jonathan Segal joins XpertHR Legal Editor David Weisenfeld to discuss what's wrong with the annual performance review process and how to fix it.
Updated to reflect extension of discrimination protections based on sexual orientation and gender identity.
Updated to reflect amendments to discrimination protections, effective July 8, 2018.
Updated to include detailed information on the state Act to Establish Pay Equity, effective July 1, 2018.
Updated to include amendments to discrimination protections, effective July 1, 2018.
HR and legal considerations regarding employee performance appraisals. Advice and support on conducting helpful and meaningful performance reviews.