Legal Question in Employment Law in California
Job reviews
After working 5 years for this bank, I only received 2 job reviews. I did receive excellent merit increases, but I was entitled to a written review of my performance. After my supervisor was reprimanded for not providing reviews to her staff, she still failed to follow through. Since my last review was for March 2000, I felt I was at least entitled to my March 2002 review. I had received several awards in 2001 and should have been given some recognition. Knowing that I was going to leave the company in May 2002, I contacted Human Resources. Again, I was assured that all reviews would be done on-time. Upon giving a 2-month notice, my supervisor assured me that she would have it done before May 31st. She and her supervisor offered me a part-time position because they did not want to lose a valuable employee, per their words. I turned it down as the job was an hour away from home. On my last day, my supervisor said she would mail my review to me. Today, I have received nothing. I was more than an excellent employee. I would like something in writiing indicating so. What can I do about this? I feel I am entitled to what was guaranteed in my employee handbook.
1 Answer from Attorneys
Re: Job reviews
There is no law that requires employers to provide performance reviews, although it is good management practice to do so for many reasons. Arguably, if the provision in the employee handbook takes the form of a contractual obligation, and failure to provide a performance review resulted in the loss of some economic benefit, you would have the basis for a breach of contract claim against the employer for the loss of such benefits.
These tend to be difficult cases, as employers do not concede on these issues and are willing to spend more money to defend their practices than the case may be worth.
It may be worth it to you to have a local labor law attorney review the employee handbook and the facts of your case to get a more informed opinion.
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