Negligence. Many organizations outline a performance management system in their employee manual, employment contract, or other materials. When the system is described in such documents and not implemented as described, legal problems can arise. For example, there may be a description of how frequently appraisals take place, or how frequently supervisors and employees are to meet formally to discuss performance issues. If an employee receives what she believes is an unfair performance evaluation and the system has not been implemented as was expected, she may be able to challenge the system based on negligence on the part of the organization.