Disparaging/False Statements in Performance Review
Hello,
Recently, I received a 6 month performance review which stated that I had met all of my performance standards on the form part and went on to state very disparaging and false things in the narrative section. I have talked to my HR person and he stated that he would give my boss another chance to "clean up" the review before he files it. I don't think that is right either however I do like working here. I was wondering what I could/should do if she doesn't correct it.
Thank you,
Robert
Answers (1)
Ohio law provides you very little legal redress for false and disparaging remarks on a performance review. First, you would need to establish that the false remarks were made for an unlawful reason or on an unlawful basis, such as your race, gender or age,and then show that they had a material, adverse affect on your employment. Until your employer justifies a demotion or termination on these remarks, you probably cannot show an adverse action.
As for defamation, an employer is generally free to express its opinions in a performance review. You would have to show malice towards you to overcome your employer's privilege to speak its mind in a performance review.
Although you do not have much in the way of legal remedies here, you can and should make a factual, objective and diplomatic response to the false statements. Give it to the HR person, keep a copy, and ask to have it included in your personnel file.
Regards,
Neil.
posted by Neil Klingshirn | Apr 12, 2002 10:54 AM [EST]
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