Hi, thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today.
Generally this is going to stay in your file, even though you were not able to defend yourself in any type of hearing. Arizona law does not give the employee a right to alter or object to written personnel records in the file in any event.
A bigger concern in your case may be that this could potentially be a workers compensation retaliation
case. In order to succeed on a claim for retaliation under Arizona’s Employment Protection Act, ARS 23-1501(3)c (iii), a Plaintiff must show: (1) that he/she engaged in a protected activity (e.g., filed a workers’ compensation claim or was injured on the job), (2) that he/she suffered an adverse employment action, and (3) that there is a causal link between the two. If Plaintiff provides sufficient evidence to make out a claim of retaliation, then the burden shifts to Defendant to articulate some legitimate, non-retaliatory reasons for its actions. If Defendant sets forth such a reason, then Plaintiff must show that Defendant's proffered reason is merely a pretext for the underlying retaliatory motive.
Now, whether you want, or whether it would even be worth your time, to file a lawsuit for retaliation is probably questionable. Having only been issued a bad performance rating is not usually something people sue over because the time and money to file such a suit. But if it ever comes the day that some more serious employment action (e.g., termination
) occurs because of this poor review or some other action, you may want to consider filing such a lawsuit.