Dispute of performance review.
Numerous employees (myself included) have received performance reviews with amibiguous and/or untrue statements made against them. During the performance review meetings, management has declined explanation of these items. Management does not bring proof of the statements used in compiling reviews to the actual meeting.
If an employee makes a request for proof of the disputed statements, is management required to provide documentation? And in what time frame must they provide this information?
Answers (1)
You have a right to see your personnel file.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, your employer does not have a legal obligation to provide you with an explanation of their performance reviews, even your own review. You do have a right, however, to see your personnel file, upon reasonable notice and at a reasonable time. This right is extinguished once you are terminted, so it must be exercised during your employment. You do not have a right to make copies of the documents in your file, but you can take notes. Many companies will not prevent you from copying your personnel file, however.
As a practical matter, your best course of action might be to submit a letter to your supervisor or the reviewing manager, copied to your personnel file/HR, stating that you do not understand the review and have not been provided any facts detailing the accusations against you, and that you are requesting that they be provided to you in written format. Such a letter might prove useful in future unemployment or other legal matter.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Jul 11, 2005 08:49 AM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, your employer does not have a legal obligation to provide you with an explanation of their performance reviews, even your own review. You do have a right, however, to see your personnel file, upon reasonable notice and at a reasonable time. This right is extinguished once you are terminted, so it must be exercised during your employment. You do not have a right to make copies of the documents in your file, but you can take notes. Many companies will not prevent you from copying your personnel file, however.
As a practical matter, your best course of action might be to submit a letter to your supervisor or the reviewing manager, copied to your personnel file/HR, stating that you do not understand the review and have not been provided any facts detailing the accusations against you, and that you are requesting that they be provided to you in written format. Such a letter might prove useful in future unemployment or other legal matter.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Jul 11, 2005 08:49 AM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers