The Legal Case for Eliminating Performance Reviews


Who would have imagined that National Public Radio, the Wall Street Journal and BusinessWeek all would have carried stories on a subject as mundane as performance reviews? Who would have dreamed that a behavioral scientist in Boston, Charles S. Jacobs, and a management professor in Los Angeles, Samuel A. Culbert, would have published books within a year of each other that argue against performance reviews?

As a practitioner of management-side employment law who has been anti-performance review for many years, I am delighted. I never imagined that the debate would be so publicly engaged, or that the arguments for the elimination of this unproductive practice that consumes so much time and results in so much angst for so many would be so well-supported. In this article, I add my vote to the argument that performance reviews should be relegated to the recycling bin, and I offer the legal reasons why....

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Davis Wright Tremaine LLP | Attorney Advertising

Written by:


Davis Wright Tremaine LLP on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.