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Curious if is legal for a manager's performance to be tied…

Curious if is legal...

Curious if is legal for a manager's performance to be tied to employee injury rate?

Lawyer's Assistant: Was the injury discussed with a manager or HR? Or with a lawyer?

No, I run a supply chain center and my annual review I was given a poor rating because of the amount of injuries that occurred in my center. I have created several safety programs to try and raise awareness and put actions in place to try and reduce injuries, but my boss based my rating on the amount of injuries that occurred.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I do not belong to a union.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I just was curious if that was legal since I cannot be with every employee at every minute to make sure they don't get injured.

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Answered in 5 minutes by:
3/16/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 31,953
Experience: Former judicial law clerk, lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

There are no specific state or federal laws that dictate how an employer may or may not rate an employee's performance. That's something left to the discretion of the individual employer, unless you have a union agreement or a contract where you negotiated specific provisions in advance.

What you can do in this scenario is talk to your employer about additional ways to reduce injuries and what other things you can do to improve overall performance. Or, because employment is at will, you can look into whether you'd prefer to work somewhere with performance standards that focus more on elements within your control.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

Good luck.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 31,953
Experience: Former judicial law clerk, lawyer
Verified
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Category: Employment Law
Satisfied Customers: 31,953
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Experience: Former judicial law clerk, lawyer

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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