I work for a large tech company. I received an unfavorable performance review, but I was out on a short-term disability leave for most the performance cycle. There is some evidence that I was disadvantaged for taking a leave. There are also factual inaccuracies in my performance review.
I highlighted the issue with HR. They offered that I can write a rebuttal that would be added to my personnel file. I am wondering if this would be helpful in anyway (for example in the case of litigation) .
Yes. A non-emotional factual rebuttal focusing on how your leave likely led to the negative comments on your evaluation would be a good thing. It is important that when you are subjected to discriminatory conduct that may well be unlawful that you document it as appropriate.
If the bad evaluation results in some adverse action against you, and you believe the bad evaluation is provably because you took protected leave, it would be appropriate to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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