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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32413
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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My supervisor gave me a bad performance review, and as a result

Resolved Question:

My supervisor gave me a bad performance review, and as a result I'm not getting a raise this year. The company HR department did not fully or appropriately investigate his claim, and the one piece of evidence they used as part of their written "performance warning" is not true. I have tons of evidence to prove it was not an accurate claim. Do I have a legal case or recourse of any kind? This is a privately held company in California.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

Signing a written warning generally indicates that the employee reviewed it, not that they agree with it, unless there is language in the document to that effect. So it does not matter whether the employee signs it or not, except the signature indicates they have seen the document.

Unless there is a contract stating otherwise, employers do typically have the discretion to provide performance reviews for employees, even if they are incorrect, and the employee would not have recourse.

There are exceptions, such as when the negative review is motivated by a discriminatory intent based on race, gender, age, or other protected status.

If an exception does not apply, there would normally be no legal recourse by the employee.

I would like to note though that when an employee retains an attorney to communicate with the employer, sometimes the fact that an attorney is involved motivates the employer to act more reasonably, so you may want to consider that option even if there are no legal grounds to challenge the employer's action.

I hope you found my answer helpful, even if the law is not in your favor. I would be happy to clarify my answer if anything is not clear or you are looking for additional information. All the best to you!

Tina, Attorney
Satisfied Customers: 32413
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Tina,
Can I hire you as attorney in this matter? Or is there someone that you recommend in my area (Southern California)? I am more than happy to pay for legal services in order to have, as you recommend, an attorney involved in order to motivate the employer to act more reasonably.
Thank you,
Akira
Expert:  Tina replied 2 years ago.
Hello again, Akira.

Unfortunately the TOS we both agreed to prohibit me from representing you. The state and local bar associations can provide attorney referrals. Go to calbar.org for the state referral service.

Good luck to you and take care.
Tina, Attorney
Satisfied Customers: 32413
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you

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