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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11250
Experience:  Significant experience in all areas of employment law.
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Is it against the law if a manager wrongfully accuses you on

Customer Question

Is it against the law if a manager wrongfully accuses you on a review? This review is very important to me because it is accessible by any employee whether they are a manager or not
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 month ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

It is understandably quite upsetting to receive a review based on false information, but it's not illegal. In general, no laws regulate the performance review process. This is so because of the default rule in Florida that employment is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even TRUE. So, since employers don't need a fair reason let alone a true reason to fire an employee, they don't need a review to substantiate the decision. As reviews serve no legal purpose and in most cases have no legal significance, the law simply does not regulate them.

All you can do is submit a written rebuttal to try to get the review changed or at least to have the rebuttal included in your personnel file so that your side of the story can be seen. But your employer is not legally required to listen to you or legally required to include anything you give them in your file. Again, this is just not a process that the law has any control over at all because as an at will employee the employment realtionship can be terminated at any time.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Expert:  Patrick, Esq. replied 1 month ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

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