Legal Question in Employment Law in California

When an employee receives a bad review at work, do labor laws require the employer to provide an explanation and/or identify who did the review? My review put me on "probation" for an indeterminate amount of time which means I do not accumulate PTO, and I get regular pay instead of time-and-a-half for overtime hours. There was no specific issue identified in the review (just a low score) and no one at the company can identify who wrote the review, so I have no means to appeal. Is this all legal?


Asked on 2/25/18, 10:30 am

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

There are no laws that would require this. In fact, the law is pretty much silent on the issue of performance review. Employers have full discretion to evaluate their employees' performance as they see fit. Unfair or unjust evaluations are also generally not illegal, unless there is specific evidence that the true reason for those bad reviews is discriminatory, i.e. due to age, race, disability, sexual orientation, etc...

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Answered on 2/25/18, 11:06 am


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