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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27010
Experience:  More than 20 years of experience practicing law.
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I recently received a negative review and am writing a

Customer Question

I recently received a negative review and am writing a rebuttal. In the origianla evaluation that was discussed with me, it was rated as "meets expectation" and I had met all the required metrics, along with many other accomplishments that were well documented. The VP sent it back and forced my boss to give me a lower score. The items are unfounded, it is highly subjective and I can substantiate with documentation. Suggestions on how to handle?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard since the professional you requested is unavailable at this time.

Please tell me, when your boss lowered the score, what adjustments were made and how did he justify it?

Customer: replied 1 year ago.
The rejection was made by the COO and lowered to a "needs improvement". The claim was "disloyalty to the organization' based on a text message to a physician that the COO saw and misinterpreted. I was accused of being loyal to the physicians when I was attempting to justify why one of our doctors was requesting a new device for medical treatment. I don't recall replying to such text in any manner that would be disparaging in any way. I was never counseled on this, and believe this is unfounded. I wrote a rebuttal and attached this to my evaluation and now I'm concerned that there will be retaliation. I'm a Director and not only has this situation personally affected me but there are quite a few others employees in my organization who had their evaluation scores rejected after they were signed and submitted. We were told that we didn't have enough low performers on out scoring grid to fit a bell curve. Anyone who got less than a 3.0 rating is not eligible for merit raises or our annual bonus. By reducing the number of people eligible for raises, it privudes significant cost savings. The allegations on my evaluation were refutable and can be evidenced by achievements. Before I signed my eval and gave back to my boss he asked me twice if I was sure I wanted to turn it in with the rebuttal letter. Should I be worried? The rebuttal did not name any one, I was careful to just state facts, and chose my words carefully.
Customer: replied 1 year ago.
In answer to the last part of the question, there was no justification of the areas of concern. No reference to specific incidents were written. The reference to the text message was told to me by my boss as it was relayed to him from the COO.
Expert:  Samuel II replied 1 year ago.

Thank you.

I suggest you can write a letter in rebuttal to have placed in your file. And if the employer has an "appeal" or "grievance" process you can follow that.

And since the new score might keep you from getting an increase in wages, if you feel that it is based on your religion, race. age, gender or other bona fide discrimination factor you should consider filing an EEOC complaint.