Legal Question in Employment Law in California

Boss wont allow rebutal to review in file - is this legal?

Boss wrote bad review. I wrote rebutal. Boss had behaved inappropriately without reason, including screeming at me until the HR manager came and motioned to her to lower her voice. I listed facts in rebutal. Boss will not allow information in file. Told me I have 3 days to rewrite according to the following guidelines:

1) May only write one paragraph

2) Cannot contain anything other than a self-evaluation

Boss will not allow copies of email and other paperwork in file even though she referred to them in bad review. I think it should be there since it proves what is being said is false.

Also boss keeps threatening me with pay cut or hours cut if talk to anyone other than her regarding these issues. HR manager has stated to me that she does not agree with what is happening but her hands are tied since there is no one above my boss.

Questions are as follows:

1) Is it legal for boss to threaten pay cut and hour cut or even termination? I would like to file a complaint for her behavior but will be fired if I do.

2) Is it legal to refuse to allow supporting documentation (emails referred to in review-4 pages) into my file?

3) Is it legal to refuse to allow me to attach a rebutal to my review?


Asked on 6/02/05, 2:27 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Boss wont allow rebutal to review in file - is this legal?

Personnel files are the property of the employer and it can control what can go into those files, with the exception of certain records that are required by law. A rebuttal to a performance review is not one of them.

More bad news: employers can cut pay and work schedules, upon notice, for any reason that is not prohibited by law. Your statement does not contain any indication that the possible cut in pay or hours is due to anything other than a dispute over your performance review that has gotten out of hand. If this is what is at the heart of the dispute you cannot win and pushing the issue will probably end badly for you.

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Answered on 7/06/05, 8:07 am


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