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I have been working for a company for 3 years and just had…

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I have been working for...
I have been working for a company for 3 years and just had my first "annual review." According to the directions on the review form, months prior to the actual review the supervisor was supposed to give me "expectations" to work toward, but that never happened. Her review of my work includes material taken out of context and material that is not true. (I have data, including emails, to back up this assertion.) It is very negatively skewed, and really does not reflect my work, but HR supports my supervisor's review. I am allowed to rebut the review, but have been told that my supervisor's "perception" matters more than mine. This goes ways beyond perception, though. It seems to me this misinformation is libelous. There is a history here as well, of such problems with my supervisor; I will get into that more, if needed. What kind of recourse do I have? Is this a legal issue?
Submitted: 8 years ago.Category: Employment Law
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Answered in 2 hours by:
6/24/2010
Employment Lawyer: JBaxLaw, Employment Lawyer replied 8 years ago
JBaxLaw
JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11,396
Experience: Government and private sector employment law experience
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I will assume that you are an "at will" employee and have no employment contract. There is only a legal issue present here if the manager is illegally discriminating or has defamed you. Defamation is a false statement of fact. Here, it appears that the manager is stating opinion as to your work quality in the review. Opinion such as this does not create a viable defamation action. The remaining issue is whether you are being singled out due to some protected status such as race or gender. You do not mention any discrimination.

Generally, nothing prohibits an employer from behaving unfairly in this situation. The outcome would be different if discrimination was involved or if the manager actually made false statements of fact.

Thank you

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