Typically speaking, a performance review in and of itself does not constitute a demonstration of bias or discrimination.
However, employees have the right to request access to their personnel records through the human resources department at any time. This can open up the opportunity to inspect and even dispute the information listed.
When does a review or lack thereof lead to a lawsuit?
Chron discusses a supervisor’s duty of care to conduct somewhat regular reviews of employees. When a supervisor fails to perform a review or give any sort of feedback, this potentially opens the door to grounds for legal action.
After all, if you never get a review, you may have done things incorrectly while on the job. If you ended up facing termination because of these issues, then you could take the case to court.
Can you contest negative reviews?
You can ask how employers compile their information for reviews. Companies that use a specific formula need to publish it within their employee handbook.
The best way to determine if a review is within disputable territory is to compare it to the guide in the handbook. If your employer’s review does not match up with the formula, then you may request a retraction and a new review. At this point, however, suing is often a poor financial choice.
You can ultimately file a complaint in any situation where you think that an employer’s botched or missed review ended up in the loss of access to promotions, bonuses, raises and the overall ability to improve your skills.
