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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