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New York Employment Attorney Discusses Disagreeing with a Performance Review

On Behalf of | Mar 7, 2016 | Uncategorized

Often times as a New York Employment Attorney, I will receive calls from clients who are receiving a poor performance review or are starting a new position and they have been evaluated on a periodic basis which they have received positive feedback but then at the conclusion of the year they are receiving a review that’s negative or at least partially negative. The problem is that the employee and the supervisor have failed to communicate on the requirements of what is expected from the employee on the job. Sometimes it can be the result of other actions as well, often times the supervisors will come in and they will want to replace current employees with employees of their own choosing, and sometimes it results from bias or discrimination in the work place. We need to determine whether you should send a rebuttal into a performance review or whether there is some action that you can take by following company policies. These are the things that need to be examined and looked at and what needs to happen is you have to have a frank discussion with us about what’s been going on with the job, how your performing, whether you agree or disagree in whole or in part with the comments that have been made in the performance review and then what can happen going forward in terms of the next step.


A lot of times employees are afraid and fearful that if they bring to light about a miscommunication that they have with the supervisor about a misunderstanding that they are going to be disciplined further. They also fear that they are going to be retaliated against if they make a complaint, and those are all valid and justified complaints. There are things that do need to be brought to light in order for them to be remedied and to make the environment comfortable going forward. So when you come to see us what we need to do is really examine all of those facts and circumstances and then determine what advice we would give you going forward based on your situation.


Have you received a bad performance review at work and disagree?  Contact experienced New York Employment Attorney Kim Berg for dedicated assistance.

This informational blog post was provided by Kim Berg, an experienced New York Employment Attorney.