Skip to Content

Why Performance Reviews are Important

Feb 20, 2015 | Written by: Deborah B. Rosenthal, Esq. |

The NJ Superior Court Appellate Division recently reiterated the importance of employers conducting thorough and complete performance reviews of employees.  In Townley v. Jefferson Township Board of Education, the plaintiff, a 61 year-old custodian who was hired at age 54, sued his employer based on a claim that the School Board's decision not to renew his employment constituted age discrimination.    Although the court found that the plaintiff presented an initial showing of age discrimination, the Court also found that the Board of Education presented a legitimate non-discriminatory reason for the non-renewal, namely numerous performance evaluations and photographs showing the plaintiff's unsatisfactory work.  The trial court dismissed the claim and the Appellate Division upheld this dismissal.

This decision re-emphasizes the importance of employers conducting regular performance evaluations of all employees.  These evaluations should be performed in a consistently objective manner, and contain an accurate depiction of an employee's work performance.  Additionally, these evaluations should be maintained in each employee's personnel file. By conducting regular, thorough performance evaluations, you and your company will be better protected from employment discrimination suits.

For more information regarding this case, suggestions on how employers should conduct and maintain performance evaluations, and more information regarding employment law issues, contact Deborah Rosenthal, Esq. at Gebhardt & Kiefer, PC.