How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JB Umphrey Your Own Question

JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20232
Experience:  Assisting employees and employers for over 14 years.
14211116
Type Your Employment Law Question Here...
JB Umphrey is online now
A new question is answered every 9 seconds

I feel I should consult a legal expert after receiving a negative

Resolved Question:

I feel I should consult a legal expert after receiving a negative performance evaluation. I feel its possible I may have been discriminated against. How can I determine if I have a case? How much would the legal advice cost? What could a possible legal case cost? And what are its ramifications?
Submitted: 1 year ago.
Category: Employment Law
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

I am sorry to learn of the facts you've described. Is it your believe that you have been discriminated against because of your race, gender, age, disability, religion, national origin, or pregnancy?
Customer: replied 1 year ago.

I received a negative review, no prior warning of any performance problems, and no remedies to address such issues during or after receiving the performance. Mostly overly subjective statements, some I consider demeaning, and all of it can be disputed with facts. Also, during the phone conversation with my manager, he implied the negative review was retaliatory for an email exchange we had late in the year. I believe it is possible the negative review could be race related, but unable to judge on my own. What might be such criteria?

Expert:  JB Umphrey replied 1 year ago.
Thank you. Why do you believe that the negative review is because of your race?

It's important to realize that one cannot speculate. One has to have proof that there was a negative review because of your race and not because of your work performance.

In other words, can you prove (1) that the claims in the performance evaluation are false, and (2) the manager made the false allegations because of your race?

~~ J.B.
Customer: replied 1 year ago.

I didn't say the negative performance review was because of my race, but stated it is possible.


 


How can one prove the negative performance review was because of one's race, unless the manager made statements toward that conclusion. And what would those statements be?


 


I can prove the claims in the performance evaluation are false, but that the manager made these false allegations because of my race may be harder to prove.


 


But what else could it be?


 

Expert:  JB Umphrey replied 1 year ago.
Thank you for the clarifications. Are you aware that the law does not prohibit a manager or supervisor from making a negative performance evaluation?

Is it possible that you believe the manager's assessment is unfair and, perhaps, is solely a result of being a poor manager?
Customer: replied 1 year ago.

I believe that is true as well and could very well be the case. This is why I sort expert advice. I don't want to make assumptions. When I contact HR, I want to have a forceful response.


 


I've also read it is illegal to retaliate for unrelated job performance reasons, like the email exchange I stated earlier.


 


There's something motivating this manager, and its not the facts.


 


I just need to find all of my options.

Expert:  JB Umphrey replied 1 year ago.
Thank you. Not all forms of retaliation are against the law. And, it's not illegal to be a poor manager or to be unfair in every aspect. You just cannot be treated unfairly because of your gender, age, disability, etc. If there are personality clashes, however, the law does not prohibit unfair treatment.

From the facts you've described, you are dealing with a poor manager. Thus, your option is to prepare a written rebuttal of the negative performance evaluation, present it to HR, and ask that your rebuttal be included in your personnel file.

In other words, the manager has not violated any laws. However, you can dispute the characterizations by writing out your side of things and asking that your side be included in your personnel file.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20232
Experience: Assisting employees and employers for over 14 years.
JB Umphrey and 7 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.