Q & A Session – 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.


If an employee received a mid-year rating of 4.8 but three months later received an annual appraisal that lowered one aspect making the overall a 4.6 and there was no evidence of any declined performance. Is this a case to pursue? The manager made a mistake at the mid-year by giving a 4.8.


For a partial answer, please see the June 4, 2012, Ask the Lawyer column. If you can show that, your performance met the standards in question and you have not exceeded the grievance deadline, you may be able to make out a case. If management can show a mistake was made, it will likely prevail.

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

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

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