We use cookies to give you the best possible experience on our website. The above article may contain affiliate links, which help support How-To Geek. Answer: Dear Johnny: Your question is, for me, a really good one for several reasons: (a) lot of people ask it (or a version of it), (b) it brings up some pretty important issues of law, negotiation and working wisdom, and (c) gives me a chance to discuss my new idea of a “PVP.” Here we go: 1. Now, don’t think I am an “HR-hater,” because I am not. I didnt make something outrageous up. However, a performance review can open the company to a lawsuit for defamation of character or libel if it contains statements that could destroy an employee's reputation. Often it is the time when you’re told about a raise or promotion. But trivial criticisms are really a bonus, because if that was the worse criticism that could be made, then there is nothing seriously bad. Balanced Reviews . Any other expectation on your part – that they are “enforcers of fairness” or the “employee’s friend,” would just not be reasonable. Your most attractive path forward is a two-step approach: providing the “Manager’s Manager” with both (a) a strong Rebuttal, but also (b) what I call a Proven-Value-Presentation (“PVP”), which is the opposite of a Performance Improvement Plan (“PIP”). It’s performance review time and whether you’re feeling anxious or confident about the process, there is always that chance that you’ll disagree with your manager’s assessment of your work. I don’t think an appeal to Human Resources – at least the kind of appeal you are contemplating – is a viable alternative. In another case, Andrew and Neely Moldovan went to the press and accused their wedding photographer, Andrea Polito, of holding the photos hostage over a $150 fee they claimed wasn’t in the contract. Not having a “legal case” surely does not mean that you do not have a “negotiating case,” or that all is lost. You have used all your inner capabilities in your projects and pleasing your boss, but when you ultimately receive your performance review feedback, it gives you a terrible jerk you notice a couple of negative remarks, alleging bad or not up-to-the-mark performance. With few exceptions, employers shouldn't engage in discussions about other employees or disclosures concerning employees with their coworkers. The doctor you are considering may have some pros and cons listed. It can feel like a real kick in the teeth, in fact. It’s primarily focused on the US legal system, although there are similar cases in other Western countries. Nobody deserves to be treated that way. Well, some people respond better than others. Good defense lawyers can get frivolous cases dismissed very soon after filing (although would still likely cost thousands). When you receive a bad review, there is temptation to take an issue with every negative statement. If the employee’s performance is genuinely poor enough t… Can Employers Give a Bad Reference for a Former Employee? Most employers don’t fire without a reason, but reserving your right to fire at will means you won’t have to prove your reasons for termination to a judge or jury. Read full article. Additionally, 34 U.S. states have passed Anti-SLAPP (strategic lawsuits against public participation) laws. You don’t want to signal insecurity, but I agree with your point Dan that as a manager you failed if anything you say in a performance review is surprising. PETA has spent seven years suing a photographer on behalf of a monkey, an Edmonton man left a one star review for a tech company that didn’t call him back, a student left a negative review of a law firm, made it illegal for companies to add terms to their contracts that banned customers from posting negative reviews—or fined them if they do, has a great summary on online defamation laws, a woman, Emily Fanelli, left a Yelp review of floor refinisher Matt Gardiner saying. 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. In others, like this case where an Edmonton man left a one star review for a tech company that didn’t call him back, the company never follows through with their threat. Since we launched in 2006, our articles have been read more than 1 billion times. im not taking the review down or paying him. Does not meet expectations. If you have a problem with a performance review and it affects your employment, contact an employment lawyer. Job Security and Career Success now depend on knowing how to navigate and negotiate to gain the most for your skills, time and efforts. If you can influence these four big problems in performance appraisal, you will go a long way toward having a useful, developmental system in which the employee's voice plays a prominent role. How-To Geek is where you turn when you want experts to explain technology. There are advantages and disadvantages to a resignation in lieu of being fired, but you should review the difference between getting fired and laid off before you agree. Then when it comes for you to speak during your review, talk about the things you’ve accomplished that you’d like to highlight.” Once you’ve proven your value, you can talk about why you deserve a raise. Rectify any bad consequences of your failure. However, with a negative review, it’s very easy to cross into defamatory territory. Almost one in five do not make it. Mandi Woodruff . If you are being sued for anything you’ve written online, contact a lawyer and get professional legal advice immediately. Never make an informal response to a performance review, but find out what the correct procedure is and adhere to it. Before you do, you should think twice. You can dispute some parts—if you do it with kid gloves. They said that I am a senior resource and should have done more and should have known to do more, that is, should have asked for more challenging projects. If it is a letter of demand then you are not being sued but they are threatening to sue you. This means that if you annoy a company enough, they can lawyer up and get a court date. Here's how a bad Yelp review could land you in court. It’s easy to take a poor performance review personally. Performance reviews in most organizations are so bad they do more harm than good. If however, after being brutally honest with yourself, you decide that the assessment is inaccurate, it may reveal that your boss is—either unintentionally or purposely—overlooking your accomplishments. It's so they can let you go if they see any behavior they don't like. 4. If you’ve ever gotten a bummer of a review, you’re familiar with the sinking feeling you get when you’re relegated to the bottom 20% of the performance food chain.. If you have a very complicated medical situation, you may think that it is worth it to forgo friendly chatter if you can get your medical problem assessed by a leader in the field. Be cautious. And besides, the pigs enjoy it! Harry Guinness is a photography expert and writer with nearly a decade of experience. They tried to sue me after I wrote a review on my verified local guide account about my Uncle’s pastry restaurant about how there are no epileptic people working there, especially not my cousin. What Is Google Assistant, and What Can It Do? However, crossing the line into making misrepresentations or outright lies could make a bad reference illegal. Can You Get Sued for Leaving a Bad Review? You can probably think of several options at this moment. The Washington Post reports that “the Moldovans’ sympathizers descended on photographer Andrea Polito’s review pages, calling her a scam artist, or worse.” Things got so bad that Polito had to close her studio, so she sued the Moldovans. You need to become the model employee, even if you have grounds to sue. One Empowered and Productive Employee at a Time ™. 2. A PVP does not have to be formal, but should be in writing, and sent by email, as should all important workplace communications. . Fight the urge to retaliate or react to your performance review the same day, or even the same week, as it was given. Sorry, your blog cannot share posts by email. NO NO NO YOU CAN’T!!!! When employees are given unfair and dishonest poor Performance Reviews, the next step in the unfair and dishonest process that often takes place is a Performance Improvement Plan (“PIP.”) In a vast majority of PIP’s, I am sorry to say, employees are just further unfairly reviewed, compounding the unfairness by using the first unfair Performance Reviews as “evidence” in the next unfair step, and … Some companies may not have such highly detailed policy, but in any organization where performance reviews exist, there will be at minimum a conventional … Fortunately, there are things to do that will ease the pain and help you move forward to raise your performance for the next review. It's only logical that people largely base their decision on what other people are saying. As you can see, the line between opinion and defamation can be very thin. Don’t write reviews while you’re angry. It is the right way to approach performance appraisal. This is … All i said was that he was untrustworthy and a liar. There are many articles, newsletters and videos on my blogsite that explain “What to Do and How to Do It“™. Should you be terminated as a result of this dishonest Performance Review, my view of your “Case” would be that it is not a “stretch,” but may well be on solid legal ground. Alan L. Sklover, Employment Attorney and Career Strategist for over 35 years. Do I have a case here? What really matters is how you move forward from it. Employers estimate losing millions of dollars annually on bad hires. The jurors found that the Moldovans were in the wrong and thus, they were guilty of malicious defamation. Allow yourself time to process both the review, your self-assessment, the follow-up conversation and the inputs of others. I truly do not believe you have a “legal case,” at least not now. Your employer can’t force you to sign the performance document, but there may be consequences for refusing to do so. The poor - Answered by a verified Employment Lawyer. The big takeaway is that, whatever the result ends up being, companies have sued people for leaving bad reviews. In some cases—and we’ll explore some examples—the company has won. Instead, the “record” should be corrected, to the betterment of everyone’s interests. I am a senior individual contributor at a big company. All Rights Reserved. For this case, it isn’t illegal. You’ll have good employees that deserve excellent reviews – and you’ll have employees that are sub-par. Employees rarely resign to make life easier for their managers. If the performance document doesn’t make it clear, you can also write in “I disagree with the contents of this document” next to your signature. 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