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.
Q:
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.
A:
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.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
