Legal Question in Business Law in New York

Unfair Performance Review

I was recently given a performance review that I believe was done unfairly. Here are my reasons:

1) The performance review questions were very vague and doesn't address issues like quantity, effort, quality of performance.

2) Managers were told in some categories an employee CAN NOT exceed/greatly exceed their expectations (for instance Dress Code Policy).

3) My manager, when she informed her boss she may have been too harsh on her reviews for whatever reason, was told she couldn't change her reviews.

4) My boss didn't fully understand the criteria for each question when I asked her to explain it to me.

5) Her boss wasn't able to tell me how I was able to exceed/greatly exceed my expectations on categories either, instead telling me that I just wasn't able to.

They are basically telling me that there is nothing that I can do about this. My scores can not be changed and there is not process for handling situations like mine.

I was wondering if there were any laws or protections in NY State that protect citizens against unfair treatment like this, or something else relevant, or if I have any right to take action against this?


Asked on 5/01/07, 2:45 pm

1 Answer from Attorneys
Johm Smith tom's

Re: Unfair Performance Review

If you work for the government, you may have some options and your HR person would know them. But in the private sector, sometimes it is better to know when to look for another job where you will get a new start and hopefully be treated fairly. It's kind of like stalking; in both instances you are often better off simply moving yourself.

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Answered on 5/01/07, 2:59 pm


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