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Performance reviews, promotion and layoff — Pennsylvania Templates

Performance reviews are not required by law. However, a policy that clearly states the contents and frequency of performance reviews may be beneficial for employers. Such a policy allows an employee to know what is expected of him or her and how often he or she will be informed of his or her progress. Periodic reviews allow the employer to let the employee know whether he or she is meeting or exceeding performance goals, as well as to identify any performance problems that may exist. This record of performance shortcomings may be indispensable in a discrimination case in which an employee or former employee challenges the legitimacy of an adverse employment decision based on performance. Evaluations also encourage employees to improve their performance without the imposition of discipline. 

Employers should not promise performance reviews at set intervals, unless they intend to carefully complete such reviews at the time or increments established. The employer should follow the procedures outlined in its performance review policy because careful adherence to those procedures allows the employer to build a record of each employee’s performance. However, poorly executed performance reviews or reviews that omit key concerns will be used in lawsuits as evidence...


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