I don't feel comfortable doing my perf review with my direct supervisor/mgr together with our proj mgr. I don't think it's fair to give her "feedback" about my performance when she's not my direct supervisor. Also, it's unfair to think that i'm being evaluated by somebody else and i'm not even aware about it. Lastly, performance review should be just conveying the result of my evaluation. Everything should have been submitted to HR by now. I don't see the logic of having her presence during my perf review. Can i request to my manager to exclude her during the review? What if he says no?
The harsh reality is employees and job applicants have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. And an employer can make decisions based on faulty or inaccurate information. An employer has no obligation to warn an employee that he or she is not performing as the employer wants. It’s not a level playing field. An employer hires employees to provide work for its benefit, not for the benefit of the employees. Don't expect the employer to take care of its employees; it doesn’t have to and it rarely does.
There are some limitations on what an employer can do, mostly in the areas of public policy (such as discrimination law or whistle blowing), contract law, union-employer labor relations, and constitutional due process for government employees. Please see my guide to at-will employment in California which should help you understand employment rights: http://www.avvo.com/legal-guides/ugc/an-overview-of-at-will-employment-all-states. After you take a look at the guide, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful.
Sure, you can ASK that project manager not participate in the meeting, but there are potential consequences of doing so. First, as noted above, you do not have the right to tell your employer what to do in nearly every scenario I can think of. Second, your asking this may antagonize your supervisor and cause him or her to think less of you in the future -- regardless of whether this is fair or not.
A better course of action might be to remain polite throughout the entire review, and if there are negative remarks from the project manager or because of the project manager, you can provide a written response to those comments explaining why you disagree. Of course, this should be done respectfully and politely.
Also, there is a possibility that your supervisor intends to give you a poor review or a partially poor review, and wants the project manager there as a witness.
Employment rights come from the state and federal legislatures. One of the best things working people can do to improve their employment rights is to vote for candidates who have a good record on pro-employee, anti-corporate legislation. Another way to protect employment rights is to form or affiliate with a union, or participate in the union already in place.
I hope you can resolve your situation and wish you the best.
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
Everything Ms. Spencer said.
Plus: it is almost always a serious strategic error for the employee to turn the performance review into an "adversarial" situation. It won't work: whatever the employer has in mind will not be derailed by the employee getting aggressive and defensive. And if the employer was waffling and intending the review as a final effort to salvage the employee, it will tip the balance in the other direction. Performance review sessions, no matter how unfair or insulting or outrageous or erroneous, should be dealt with in a professional and controlled demeanor. Anything else is job suicide.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements