Q & A Session – Unfair Performance Appraisal


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


Last year my performance review was all 4’s. Since that time I have received no grade increase and no step increase. This year my supervisor told me how much I have improved. Then, he gave me all 3’s and 2’s and refused to tell me how I “dropped the ball” or give me specific examples. When I showed him the review he gave me last year he accused me of “doctoring” the document. I contacted the Equal Employment Opportunity (EEO) Office and my union and they both said they would not do anything.


The EEO Office should not discourage you from filing a complaint. I suggest you read your collective bargaining agreement (CBA) to see what your grievance rights are for a performance appraisal you think is unfair and unwarranted. Then, go back to the union and cite the specific part of the CBA and insist that they help you with a grievance.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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