Legal Question in Employment Law in California

Performance review protocol

My employer spontaneously (i.e. without warning) gave me my performance review last week. She didn't notify me in advance, I did not receive a written copy, and I did not have an opportunity to ask questions. Is this legal? What sort of protections are there for employees?


Asked on 3/03/09, 7:17 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Performance review protocol

Legal? Of course it is. The employer could have 'spontaneously' terminated you without warning as well.

Protections? Employees have the 'right' to pay and employee benefits per the law and company policy as agreed, provided a 'safe' workplace to minimize risk of injury, and sometimes provided certain medical/pregnancy leave rights. That's about it. In general, you are an 'at will' employee that can be fired any time for any reason, other than illegal discrimination under the Civil Rights Acts.

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Answered on 3/05/09, 6:23 pm


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