QUESTION
I have just had my review at work and it was terrible, I want to sue and everything is completely false how do I do that?
Asked on Feb 04th, 2013 on Labor and Employment - Washington
More details to this question:
I have loads of proof that she has rated me too low in every category. I feel as though it is a retaliation. I have complained about her to her boss. And I point out things that should be corrected! We have a grading point of 1-5 and 5 being the highest. She graded me a 1 on onetime for work. I have never been written up or anything in my file. Where is her proof? How could she do this. And it takes 10 late to be written up. Then she rates me a 4 in appearance. I work the overnight shift and she has never seen me once in the year at work in my actual uniform. Do I have a case here? I have never had such a bad review in the four years I have worked here. This is her first year as my boss. Can I sue the company? I feel like I am being treated very unfairly. I did not sign the review!
7 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can sue the company but you will lose and your attorney will make money off of you. Unless your boss gave you a low rating because of your race, gender, skin color, national origin, religion or age, you do not have a basis for suing. Your best bet is to find a better job and say good bye.
Answered on Feb 07th, 2013 at 12:14 AM
Bruce A. Coane
There is no law allowing you to sue for a bad review. on the other hand, if you got a bad review for a discriminatory reason (age, race, sex, etc), then you may be able to proceed with a complaint.
Answered on Feb 07th, 2013 at 12:13 AM
You have no right in Georgia to sue for a bad review. Reviews are governed by company policy, not Georgia law. Failure to sign the review could cause you to be discharged. From the sound of things, perhaps you should consider look for another job, before they fire you.
Answered on Feb 06th, 2013 at 3:45 PM
Mary Irene Melton
Answer: Not signing the review was a good first step. Review your employee handbook to see if there are grievance procedures for you to follow. Next, write a counter review detailing the facts that are counter to her evaluation. Then, request a meeting with an HR representative or the second level boss to reconcile the two evaluations. If you don't reach a better resolution from those steps, you have to analyze whether whistle blowing activity or some form of discrimination has led to the poor evaluation. If so, then you may have the right to sue. The facts have to be carefully evaluated by an attorney at that point.
Answered on Feb 06th, 2013 at 3:44 PM
Dennis P. Mikko
You may not have a case against the company but you should review the employee manual as to what recourse you have in regards to the review. It may be something you will need to discuss with human resources. After reviewing the employee manual, an attorney could provide you with a more accurate answer.
Answered on Feb 06th, 2013 at 3:44 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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You need to speak to an employment attorney. You have to show damages to have any lawsuit. So you need to show first, how the review was false and second, how you were harmed by it.
Answered on Feb 06th, 2013 at 3:44 PM
Generally, there is no action for a bad review unless it was motivated by an unlawful motive such as discrimination or retaliation for whistleblowing activities. Under Washington law you are allowed to review your personnel file at least once each year. You are permitted to prepare a written statement of rebuttal to information in your file. You should reflect upon your performance to consider if the evaluation is accurate. If you still feel it is false, you can then prepare a statement of rebuttal and ask that it be included in your personnel file.
Answered on Feb 06th, 2013 at 3:44 PM