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Roy Hadavi
Roy Hadavi,
Category: Employment Law
Satisfied Customers: 770
Experience:  Attorney at Law Offices of Rosenstein & Associates
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I had a quick question - I have 23 amazing 5 star annual

Customer Question

hi yes i had a quick question - I have 23 amazing 5 star annual evaluations at my job. (23 out of 23; 1-5 star rating, 5 is the highest). This is with the span of 4 different supervisors mind you, so not just one perspective. So when I went into my annual review. I wasn't worried. Nothing had changed, if anything I did more. To my surprise the new HR director forced my supervisor to write that I had complaints against my character. That I was intimidating. Now. usually the way it goes is the number one thing on what I do the best is teamwork, relationships and being approachable to all. In reality people come to me because they feel comfortable doing so and I have been here for awhile. I'm confused. hurt. blindsided. and I'm trying to make sense of it all. I asked for a sit down meeting a week later with the HR director, Managing Director and my supervisor, I selected them becuase I believe in learning and facing any issue. Well. they weren't able to tell me anything. My supervisor didn't know anything first hand and specifically said so, even though she was forced to put it in writing in my annual review as it happened. all they were able to tell me is that someone said it, it had to do with my tone and body language and that it happened sometime in the last 6 months... and the HR director specifically told me "i don't expect you to beleive it even if i could tell you the details". I remained calm through the entire meeting and I believe made my point and got it across as professionally as possible. My concern si that they put it in writing without me having a say about it. I work at-will. so they do have the right to terminate at will. But 23 years with a company to see this just doesn't make sense to me. If I speak up, can I be retaliated against? How do I protect myself but also still defend myself? they have offered to let me add a letter of my own to my file, but I'm afraid to do something that will backfire.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: i would also like to mention that getting a 5 star is not at all common, so it's a big deal that my background shows this. i just feel so defeated and now that i don' t know who it was i feel uncomfortable at the office and don't want to talk at all. Utah one of the harder states - it's more employer rights
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full time, at will
JA: Anything else you want the lawyer to know before I connect you?
Customer: im just re-reading what i wrote to check if i missed anything, bare with me pelase
Submitted: 1 month ago.
Category: Employment Law
Expert:  Roy Hadavi replied 1 month ago.

Hi. My name is ***** ***** I am a licensed attorney with extensive labor law experience. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Expert:  Roy Hadavi replied 1 month ago.

I am sorry to hear that you are dealing with such a difficult and unfair situation at work.

Unfortunately, you are correct that Utah is an at-will state and that means that you can be terminated at any time for any or no reason, excluding of course a discriminatory basis or other violation of law.

You may add a letter to your file to dispute the claim and provide proof that you do not agree with the claim. There should be no retaliation from the company for this, but of course there is never a guarantee with these types of matters.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

Customer: replied 1 month ago.
Are there laws that the HR team has to follow or what are my rights here?1. It's in writing that I have a complaint. That affects my future here.
2. They never once had a mediator, someone to look into it or anything. I was never contacted prior to this annual review. They claim it's "informal" so it wasn't necessary. they just believed whoever this was and wrote all over my review and lowered my bonus, limited my promotion abilities, etc. I was never offered the option to see if it was true or false. I feel like I have zero voice here and that's really upsetting when you put this much of your life into one company. I need their recommendation if i was to leave. and honestly i thought my life was here, but I don't know how to deal with this.
3. Is there anyway to find out more details? Or can they really say, we cannot? The hardest part is the generalization that is written over and over, but nothing substantial. I have zero clue about anything, I feel completely in the dark.
4. Is there anything that I could write that's bad? Mostly I wanted to write something like this:"Thank you for the opportunity to comment on my evaluation.This review is the first I have ever heard of any issue. There was no previous indication. I was shocked and blindsided to say the least. I called a meeting with Courtney, Michael and Sarah to find out what it was about because I believe in transparency is integral to understanding. I asked for specifics, however was told this was not possible. With the little to no information provided and the fact that I was not notified about any potential issues in a timely manner, I am unable with good faith to agree or disagree with the assessment since I do not know what the situation was.Since it is impossible to defend myself or accept the critique without knowing the full story, I would like to have my previous evaluations noted to help my character assessment. As you can tell below, relationships were a source of strength over the last 23 Reviews. Therefore with this background you may see how this current review can be understood to be seemingly completely out of character.(and then I would take each review and put the information down - example this is last years):"2016 Annual Review: “Always offers to help other employees learn the ropes and is a mentor to new employees and becomes someone that they feel comfortable asking what they think are dumb questions……. “Natalie has a wealth of knowledge that she can share with others. She really enjoys working with all staff and getting to know them and helping them to succeed at their role. She becomes a mentor to many first year employees. They drop by her desk and ask her questions all the time.”…….” Natalie is a team player. If she hears someone is asking questions or struggling with a certain area she will offer her assistance and advice. She is an active and important member of the Ops team.”…… “When I have had to give Natalie constructive ideas for improvement it is usually something she is already aware of. She is open to improving herself.”…… “Natalie is so great at being a mentor to others and I hope she continues to help the new people learn the ropes and feel comfortable in the environment and roles.”ugh i want to really give it to them, but im aware that I'm at -will so I'm really editing my betrayal. Mostly I feel bullied by the HR director. The fact that he readily said that I wouldn't listen or agree with him or the complaint even if I was able to know the story really rubbed me the wrong way. Also the way that he required my supervisor to write that. she even said in the review that she felt like this wasn't right. none of this seems right to me.
Expert:  Roy Hadavi replied 1 month ago.

I understand your frustration at the situation.

Unfortunately, there are no laws governing internal employer policies regarding discipline and investigations of this nature. As long as the policy is not discriminatory, the company may conduct the policy as they see fit.

I am sorry that I do not have better news for you, or any legal information to assist you. There simply is nothing in this area of labor law.

Customer: replied 1 month ago.
could you point me in the direction of research for labor laws, including bullying and intimidation? I'd like to research myself as well so I am best prepared.
Expert:  Roy Hadavi replied 1 month ago.

Absolutely.

Please click here to review the statutes relating to this matter.

Please click here to go to the Utah Antidiscrimination & Labor Division webpage.

Customer: replied 1 month ago.
thank you, ***** ***** would appreciate you not posting this chain. I do not wish for it to be on the internet. Thank you for understanding.
Expert:  Roy Hadavi replied 1 month ago.

You are very welcome.

I do not have a choice. It is automatically posted on my answered questions page. If you would like it to be private you will need to contact customer support, as I am just a user, just like you, and have no control over that.

Also, please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.