There is no law requiring employers to provide performance reviews. It is simply a good management practice and most employers conduct periodic performance reviews of their employees. Employers should adopt a policy advising employees how often they will be reviewed and on what basis. An effective review tells an employee:
A performance review should not be the only feedback that an employee receives, however – it is simply one tool that an employer has to manage its employees. Finally, accurate and thoughtful documentation regarding an individual employee’s performance is invaluable in litigation, whether defending against claims based upon discrimination, wrongful termination or any other disparate treatment theory.
The employer should attempt to consistently follow the procedures outlined in its performance review policy. Employees should be required to date and sign the evaluation form, not to indicate agreement with its contents, but rather to acknowledge that they have received and reviewed the contents of the evaluation form. Each evaluation form should also contain space for the...
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