Q. What federal or state laws do I need to be aware of that impact performance management?
A. While there are no laws specific to the area of performance management, there are laws that exist to protect employees from decisions that may cause legal problems. If performance-related decisions such as discharge, job elimination, promotion, etc. are challenged, the performance management process itself is often the employer’s best defense to such claims as discrimination, wrongful discharge, retaliation, and others. Employers must not only be able to substantiate their employment decisions but disprove these claims as well. Because performance documentation and the written performance appraisal form are employment records and may substantiate an employer’s actions, they are often used as supporting evidence in legal disputes.