Can a manager lie in the performance evaluation?

Asked over 4 years ago - Los Angeles, CA

My manager lied and distorted the facts in my annual performace evaluation. I delivered a project ahead of schedule and while everyone still celebrate this acheivment, my manager handed me a poor perfomance review and he told me he felt bad to give me a bad review after I have done a good job. I did not receive raise and bonus because this bad review. Our raise and bonus is based on the performance evaluation rating. I was shocked and hurt, my performance review is full of lies and distortion. My manager used me and then ditched me, what is my right about this situation? I wonder if my manager have taken advantage from me because I am a female minority, he even asked me to continue work for him after he gave me a bad review.

Attorney answers (2)

  1. Robert Jan Suhajda

    Contributor Level 17

    Answered . The poor evaluation is really a test of your character and strength. You need to deal with it by using your management skills. Use it as an opportunity to demonstrate your leadership skills. This is really a management problem and not a legal problem because a manager can
    give out a poor evaluation to a good employee. It has happened to me.

    Feedback can be very demoralizing if it is negative.Ask for a copy of your evaluation, note the inaccuracies in the evaluation, then list why it is incorrect. Then ask for another meeting with your manager. Ask the manager if he considered the success of the projects you worked on when he rated you. Discuss the points again it a non-offensive way. Limit the time
    to about 30-40 minutes. Finish the meeting stating you want to prove he is wrong and what can you do to prove he is wrong. Ask to be re-evaluated in 3-4 months.

    If you work for a big company, see if other managers want you. Consider a transfer. But above all else, manage yourself well. You are your own employee.

    Disclaimer
    Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

    Good Luck starts with a strategy and a plan.

    Robert J. Suhajda, MS,CPA
    Attorney
    17721 Norwalk Blvd. #43
    Artesia, CA 90701
    562-924-8922

    Former financial auditor and controller. Admitted to US Tax Court, Income Tax, Bankruptcy, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns

  2. Pamela Koslyn

    Contributor Level 20

    Answered . Do you belong to a union that could intervene for you? Do these procedures conflict with your employer's written policies? If you have no written employment contract, and no labor union to protect you, then your employment is "at will" and you can be froed without notice for any reason or no reason and you can quit on the same basis. Similarly, your employer can do less than fire you, like demote you, reduce your salary or hours, change your benefits, etc. etc.

    You haven't detailed any facts that would indicate that your treatment is due you being a female minority (like comments by your manager about your gender or minority status), so there's no evidence of illegal discrimination, but if there's more to your story, see an employment litigator, and keep a written log of everything you've experienced and been exposed to, with names, dates, and witnesses.

    If you want to try to work things out with this manager, asking for another review is a good idea. So is asking if you can submit a written response to the review that correct the lies and distortions with an unemotional recitation of the facts. You may also want to see if transfer to a different department and/or manager is a possibility.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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