QUESTION

My manager had manipulated the emplyee perfomance review process to build a case to fire me

Asked on Oct 15th, 2013 on Labor and Employment - Illinois
More details to this question:
At the mid-year review my manager had given me very negative feedback, completely dismissing all my achievements this year. Then he placed me on probation saying that I am failing to meet the minimum requirements of my position and that I need to show immediate improvement within 30 days or I will be terminated. We agreed on a few goals. I have spend the 30 days working towards those goals and have shown improvements he asked for. However at the end of 30 day period I was fired and the reason was given that I have not shown enough improvement. I asked where I felt short and he kinda brushed me off saying that he already gave me feedback, when in fact he hardly gave me any feedback during the probation period. Although, he did everything 'by the book', I feel that I was set up. He purposely ignored any improvement that I have shown. Anything I can do now? Can I challenge him?
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1 ANSWER

Employment Law Attorney serving Chicago, IL
Partner at Goldman & Ehrlich
4 Awards
If the manager took these actions against you because of discrimination (race, age, etc.), or retaliation for certain types of complaints you may have made, then you may be able to file a discrimination charge.  If this is just a question of the supervisor not liking you, there may be no legal action to take.  Nevertheless, you should always provide a written response to any termination or negative evaluation that you do not agree with. When ever you receive a performance evaluation that you do not agree with, it is important to provide a factual rebuttal as to those areas that you believe are wrong.  This can include the following:    1.  listing the accomplishments that were ignored by your supervisor and noting why they were important.     2.  Explain why some of the ratings or comments were not accurate.  Be factual and specific  (e.g.,  if you were accused of not meeting a deadline, state that you did in fact meet that deadline).     3.  If there are good reasons why you did not accomplish a particular goal, explain any reasons that were out of your control that prevented you from doing this.  Examples might be waiting on the contributions by others which prevented you from finishing your work, or some specific obstacle that made it impossible to have met the deadline. This rebuttal should be provided to the person who gave you the performance evaluation and ask that it be attached to the evaluation.  If you have good arguments as to why the evaluation was not accurate, this may serve to delay any intended termination, or at least place you in a stronger position to challenge a termination. Your rebuttal should be factual and specific.  Do not just say it was unfair; explain why it was unfair (impossible goals, no one else in the whole company met their sales goals, etc).
Answered on Oct 16th, 2013 at 3:47 PM

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