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Attorney2020, Lawyer
Category: Employment Law
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I have some issues with my manager before. I complaint

Customer Question

Hi!
I have some issues with my manager before. I complaint to HR about his way of counting my sick days and him asking me medical questions such as medications I'm taking and details of my illness. The HR resolve in my favor.
Later on, I took a 7 month medical leave (FMLA + Short term disability).
When I return, he gave me an annual performance feedback with mostly negative items. Some items are not completely true. He said I never meet any deadline while in fact, I have met some deadlines and failed to meet deadline for some. He also only mention my positive achievement very briefly while he mention my negative parts in depth without any examples (e.g He is bad in communications -- without any examples).
He also said I did not complete some goals but I was on leave. I was on leave since August. Some of the goals I plan to start later last year but I was on medical leave. Can he legally review me that I didn't complete those goals while I'm on leave?
I also talked with 3 of my co workers for their view of me. They all feel very positive about me. One employee said he received a feedback request about me from my manager. He claimed he wrote very positively about me; however, my review is very negative.
Is this consider as retaliation because I took a leave of absence or I filed HR complaint against him before? How should I approach my manager to suggest him to modify my review?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Attorney2020 replied 11 months ago.
The parts that are not true you should contest. However, the parts that are true you should make improvements on. It could be viewed as retaliatory if you can show that he manager treats you differently than others because you lodged your complaint or took a medical leave. However, if the negative write-ups are in fact true, it would be hard to at least show that the truthful negative reviews are in retaliation to your medical leave or complaint.I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.
Expert:  Attorney2020 replied 11 months ago.
I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.
Expert:  Attorney2020 replied 11 months ago.
I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.

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