Legal Question in Employment Law in California
Poor Performance Evaluation
I received a performance evaluation from a division manager 10 days after my immediate supervisor was no longer with our company. She didn't tell me I was having an evaluation. She had previously asked co-worker to ask me for a list of my job duties. And I heard thru ''grapevine'' that my supervisor was let go. I was told the meeting was to discuss my duties and I assumed she would tell me who I was now to report to etc. She starts telling my about my poor performance, not having the skill to do my job, etc. She had her ''assistant'' in the room with her while disclosing prev infor in my personnel file. I went to HR because I refused to sign the evaluation. She wouldn't let me read it first. She said I had to sign it and then she would give me a copy. I told HR I didn't want her in the room and she insisted that I talk to her. She preceded in telling me that I was lower than my coworkers and that she based the eval on what they said. She also became upset and told me that I was talking to her as if we were ''equal'' and that she was ''higher'' than I was. I told her that is how I have been treated all along. All of this in front of HR. Do I have a discrimination claim.
1 Answer from Attorneys
Re: Poor Performance Evaluation
"Discrimination?" Only if you are in a protected minority class [race, ethnic, age, sex, religion, disability, etc] and can prove you that the adverse actions were because of your class membership. You said nothing to that effect. Sounds like typical office politics and personality and performance problems. Keep in mind that you are an 'at will' employee that can be fired anytime for any reason, including attitude towards supervisors, let alone insubordination.
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