Significance

• There are a variety of reasons why a worker might desire to have access to an employee review. For example, the worker may simply wish to examine a past review to acquire a better understanding of how she may improve her own performance on the job. She might wish to obtain specific information in an attempt to evaluate current wages and use this information to justify a request for a salary increase. The worker may also wish to obtain copies of a review to back up claims of discrimination or unfair treatment by the employer. Employers often choose to withhold employee reviews, when afforded to that right by state law, if they believe there is a risk that the worker may be seeking information to justify a lawsuit.
  
  

Requirement to Conduct Reviews

• According to the United States Department of Labor, there is no legal requirement for employers in the U.S. to conduct employee reviews. Workers have the right to ask for an employee review if there is no review process in place. However, the employer may choose to withhold such information from the employee. It is essential for the employer to understand, however, that it is in the best interest of the organization to conduct regular employee reviews to ensure workers understand and meet expectations.
  
  

Signed Documents

• In some states, employers are required to provide workers access to any documents contained in the worker's personnel file which the worker has signed. State laws may also limit an employee's access to only those documents that contain the worker's signature. As workers are commonly asked to sign off on employee reviews, these documents are often accessible by workers according to specific state signature laws.
  
  

Solution

• Employee reviews should be used as a part of an overall performance management program to provide the worker with an opportunity to improve undesirable behaviors. Regardless of state requirements, it is often in the best interest of the employer to maintain transparency in regards to employee records. The organization should also have specific policies and procedures for conducting and examining employee reviews with the employee to ensure management expectations are fully clarified. Finally, the organization should maintain a specific procedure for gaining access to employee reviews to ensure equal treatment from one worker to the next.