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JackJD, Lawyer
Category: Employment Law
Satisfied Customers: 535
Experience:  I've been in practice 30+ years, concentrating on employment law for 15 years. I enjoy helping people.
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Yesterday I had my mid-year review. It did not end well. It

Customer Question

Yesterday I had my mid-year review. It did not end well. It started out great, but towards the end a statement said that I have consistently received "escalations" and went on to list approximately six accounts I had worked.
I took issue with three of those listed. One, the client requested to speak with a manager due to the actions of another department. Yet, I'm told that I should've took control of the situation and made the client not want to speak with a manager. I was unaware that it was an issue with speaking to a manager or else I would've denied the client the request. Yet, my mid year review had that listed as a escalation against me.
The second account I had inherited from a co-worker that had switched to a different team. The accounts were over 100+ days old. When the standard is 45-60. They were existingly heated with the previous person. They aplogized to me during our working together for me have to feel the heat of their frustration when I had only recently picked up their account.
I really became infuriated when we reached this section of the review. I didn't yell or lose control, but I made it very clear that I was not in agreement of what had been written. I stated that I hoped that the accounts in which one of the three I inherited from a co-workee were listed in her mid year review as well.
Another issue that came up during the review that I brought up was this. About five months ago, it was stated during a meeting that certain individuals would be given a raise. They stated that they performed a Market Analysis to determine what the industry is paying and wanted to ensure that we were all being paid up to industry standard. A co-worked that started a month before me. She and I came from the same previous employer, however my background in roles - I have a lot more experience than her. She was given a raise $2,000 more than me.
At the time of learning this I could only assume, because she was trained on another system we use, that was the reason she got it and I didn't. Well, now at the mid-year review I asked would I be getting the raise now that I trained and working on all the systems.
After it was all said and done the person that conducted my mid-year review was with all levels of management office's including HR before I left. I believe Monday there will be a discussion with HR. I don't know what to do or to say. I feel like I will become defensive which can be perceived as combative. And I need advise on how to handle this matter.
Submitted: 2 years ago.
Category: Employment Law
Expert:  JackJD replied 2 years ago.
Hello, my name is ***** ***** I'd like to help you. First off, it sounds as if you are taking the right approach to the issue, by keeping your cool and arguing reasonably for the reasons why the evaluation should be upgraded.Legally, if you are working for a private employer your legal rights if the employer disagrees with you are somewhat limited. Is it a private employer?
Customer: replied 2 years ago.
Yes, this is a private employer.
Customer: replied 2 years ago.
I honestly feel that my employer is building a case up to fire me. The pettiness of the accounts they mentioned makes me suspect this. I have never had to deal with HR. I don't know my rights. My midyear review was dont with my supervisor. I went to talk to my manager afterwards and she made it clear she stands by anything the supervisor has to say.
Expert:  JackJD replied 2 years ago.
Well, I agree with you that it sounds like they are trying to build a case.
Unfortunately, your legal rights in this situation are limited. The rule is called "employment at will." This means they can fire you for any reason, no reason, or a bad reason, if they want to. There are two exceptions to the rule.
One is if they are after you for an illegal reason, like your race, gender, religion, or disability status, or the like.
The other point is, if they let you go for no reason (or a reason they can't justify) you will be eligible for unemployment benefits as if you were laid off.
My best advice is to keep all the paperwork, keep notes of any meeting, and most important, keep your cool (which you are already doing). This way, if the worst happens, you will be in the best position at that time.
Have I adequately answered your question? If so, please take a second to rate the answer below.
Customer: replied 2 years ago.
No, this seems very generic to the fact that it is a private employer. What should I do when approached by HR on Monday? Should I stand my ground and deal with it legally if I'm fired as a result. Yes, I am black.
Expert:  JackJD replied 2 years ago.
When HR asks to speak with you, you do need to meet with them (if you don't, that would be insubordination).I agree that you should stand your ground (you've got nothing to lose). Again, it sounds to me as if you are doing everything right.You could ask to bring someone with you to a meeting (as a second witness to what happened) such as a spouse. They don't need to agree, but a refusal wouldn't look so good later.The most important is to keep your cool and keep focused on the issue at hand.Since you are black, I am right away suspicious that you are targeted for your race. Of course, I don't know anything about your workplace. If you think this is the case, you can file a complaint with the federal Equal Employment Opportunity Commission. (In some states, this agency is represented by the equivalent state agency.) The EEOC will conduct an investigation and either offer to represent you or ask the parties to mediation.Technically, your complaint should wait until after the unfair evaluation is affirmed. I wouldn't hurt to contact the agency on Monday. Maybe if your employer knows that you have contacted the agency, they'll back off. Of course, there's a risk that it will make you more of a target. That's your decision, based on everything you know about your workplace.Do you have anything else you'd like me to answer? Good luck.

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