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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18809
Experience:  Employment/Labor Law Litigation
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I had 6 years in a row good performance reviews. We had a

Customer Question

I had for over 6 years in a row good performance reviews . We had a change of manager and she gives me consecutive bad performance reviews even thou I perform much better then last year and have my numbers to prove it. I feel she holds me back from career
development . What legal grounds does she have to hold me on? I feel discriminated because I am Asian and her husband has a baby with an Asian woman out of wedlock and I feel she does it due to my ethic background.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.

In employment law, unless you have an employment contract, your employment is "at will." At will employees can legally be terminated at any time, with or without cause.

So, in most employment circumstance, facts like yours would have no recourse. It's not illegal to hold someone back and it's not illegal to be generally unfriendly and harassing, to the point of even giving them lower reviews.

However, what is illegal is discrimination based on protected factors, among them ethnicity. If you have an HR department, you should immediately make a complaint that you feel your treatment is directly related to your ethnicity, because your numbers don't justify it. The employer will have to address it, because if they don't, then you can file a complaint with the Equal Employment Opportunity Commission, which is a federal agency tasked with doing these investigations for free. That would preserve your right to sue and protect you from retaliation in the workplace, because complaints of this nature are protected rights.

Customer: replied 11 months ago.
No, I don't have a contract with my employer. I work for Wells Fargo bank and I am one of the top employees for a consecutive of over 6 years. The way she rates me is that I am basically not knowledgable of my job and don't know what I am doing but I am out performing ! I advised already our area president and she assured me she has to make changes but is not doing so. I am not able to advance in my career path for another year due to those ratings,won't be eligible for a payraise not for my annual bonus just because the manager is discriminating
Customer: replied 11 months ago.
I feel kind of that I am forced to leave my job because of that
Expert:  Allen M., Esq. replied 11 months ago.

Ok. I understand. The things that you are mentioning here are called "adverse employment actions."

I would not leave the job. At least, not until you've gone through the internal process of complaining to the employer that you feel you are being discriminated against. You need to make that report to them, so that they can't state that they never had a chance to try and resolve the issue.

The only recourse you have here, if the employer doesn't want to do the right thing, is preserving the right to sue. This is important even if you don't want to sue. It can help you obtain a severance and ensure that you get a good reference if you do decide to leave.

So, while the additional facts are useful, they don't really change the response here. First, complaint to HR. Second, complain to the EEOC. Third, obtain a right to sue letter from the EEOC. Fourth, file a federal complaint. This is the normal order for these things.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If so, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.