Legal Question in Employment Law in New York
Work performance reviews
Can an employer in a non regulated division of a larger unioned company, make claims of poor work performance against an employee without having to prove the alligations. And use the un proven allegations as a means to delay promotions and wage increases.
1 Answer from Attorneys
Re: Work performance reviews
Are you a union member? And does the union have a collective bargaining agreement with the company that excludes this particular division? That may be an important threshold issue.
Assuming you are not a union member and the division is not bound by any agreement with the union, then the short answer is yes, they can make any excuse to delay promotions and raises.
If you have an employment agreement, you must start there and read carefully what it says. Generally speaking, an employee does not have any right to promotions and raises. That being said, if the company is using poor work performance as a pretext when they are really doing something illegal, such as discrimination, then they may be held accountable.
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