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When may I sue an employer over a performance review?

On Behalf of | Mar 2, 2022 | Uncategorized

Performance reviews alone may not demonstrate biases or discrimination. Employees have the right, however, to see their full personnel records, according to the Illinois Compiled Statutes. You may request copies of your files from your company’s human resources department.

You may inspect information in your file covering your pay, qualifications and any disciplinary action. You could also dispute the information. You may file a complaint if you believe you experienced retaliation or discrimination; your files may show no justification for reduced hours, demotion or termination.

How may I contest a negative review?

The U.S. Equal Employment Opportunity Commission notes workers may ask how employers compile information for reviews. If supervisors use a particular method for rating employees, a company may need to provide its formula in a policy handbook.

If you believe a review reflects a supervisor’s bias, you may dispute it by comparing it to your company’s policies. You may discover a supervisor’s rating decision was not based on an unbiased evaluation. You could ask for a retraction of the review and request a new one.

When may the lack of a review lead to a lawsuit? reports that an employee handbook may describe a supervisor’s duty of care to conduct regular reviews. If your supervisor failed to review your performance and provide necessary feedback, you may have grounds for legal action. You could have continued making errors at work because your supervisor did not evaluate you as required. You may file a lawsuit if your supervisor’s negligence resulted in your termination.

Employees use performance reviews to improve skills, obtain promotions and receive pay raises. If you believe an employer’s bias resulted in a negative or missing performance review, you may file a complaint. Retaliation or a wrongful termination resulting from an inaccurate or missing review may require a lawsuit to provide relief.