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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 11555
Experience:  Licensed Texas General Practice Attorney
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I have worked for a major retailer for three (3) years, and

Resolved Question:

I have worked for a major retailer for three (3) years, and during this time I have never received any disciplinary action, coaching or write-ups. My personnel record is squeaky clean. I began applying for other positions outside of my current job, inwhch I have strong skill sets and credentials for the jobs I was applying for. My boss knew and approved me to apply for the positions. However, about a week before interviewing was to begin for the positions, my manager gave me a bad review, thus disqualifying me for the positions. I disputed the review and after 47 days, finally had a meeting with my boss, his boss and HR from Seattle via teleconference. My boss would not overturn the review, but they 'agreed to approve any applications for other positions'. However, the bad review is still in the system for hiring managers to see, and pas me by. Additionally, they stated that they would put me through an 'exceptions process' so I could move forward with the jobs I applied for. Nothing. I apply for positions and I don't even get an interview offer, whereas some kid with NO experience is getting interviewed. Can I take this to court for overturning the review or anything?? I'm sure that I would be terminated for something, however, if I did escalate to this point.
Submitted: 1 year ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I am sorry to hear about your situation. Do you believe that this bad review was put on your record due to your race, age, religion, gender, or disability?

Customer:

No,

Customer:

I honestly have no idea why this happened. They asked if I felt it was a personal attack, and I had no evidence to show that it could be anyting else.

ScottyMacEsq :

I understand. Do you happen to know if there are any written policies in place that were violated by your manager's actions, your boss, HR, etc...?

Customer:

During the previous 12 months, he was supposed to hold 1:1 meetings with me to go over my performance, any issues, etc. This way I would know if I needed to change a behavior, etc. We had NO meetings. I had no idea this was happening. And I do not know if there were policies violated by him other than blowing me off for a year and then giving me a bad review.

ScottyMacEsq :

Again, I am sorry to hear about your situation. Regarding if there is anything that you can do through the courts, most likely there is not. Kentucky is an "at will" employment state. At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion, even if it does result in a "black mark" on your record.

ScottyMacEsq :

A court will not reconsider or overrule the business decisions of a private business, no matter how irrational they are.

Customer:

The only thing he could put in the review was that he felt I was not 'empathetic enough with my patients'. And for this, I received a review rated too low to allow me to apply for transfers. I've had good reviews n the years prior.

ScottyMacEsq :

Only if there is some contractual provision (either in a written employment contract or written employment policies) that was violated or if the actions are discriminatory (based on age, race, religion, gender, etc...) would a court get involved in this situation.

Customer:

Ok

ScottyMacEsq :

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Thanks anyway

ScottyMacEsq :

You're welcome, and again, good luck to you!

ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 11555
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 8 other Employment Law Specialists are ready to help you

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