Navigating Poor Performance Reviews: Lawful Steps and Strategies

If you receive a poor performance review that feels like a veiled attempt to get you to quit or terminate your employment, it's crucial to understand your rights and the steps you can take. This article will explore the legal and practical actions you can pursue to protect your interests and potentially avoid a wrongful termination.

Understanding Your Rights and Options

When a poor performance review is issued, it signals the beginning of a countdown to your potential termination. Your manager may be playing a cat-and-mouse game to force you to resign or be fired. In such situations, you face two main options:

Play the Cat-and-Mouse Game: This involves waiting for the termination to happen, with the final step being a formal termination or a constructive termination. Constructive termination occurs when an employer creates an intolerable work environment that forces an employee to quit, which is a form of wrongful termination in many jurisdictions. Proactively Job Hunt: Look for a new position while you still receive your regular bi-weekly paychecks. This option can help you navigate the situation more comfortably and gives you a safety net during your search.

Seek Legal Advice and Scrutinize the Review

Firstly, you should consider consulting with an employment attorney. Most employees are at-will, which means they can be terminated for any reason or no reason, except for constitutionally protected reasons such as ageism, racism, or sexism. These factors can lead to legal issues for your employer.

The action of constructive termination can be the basis of a lawsuit in California and other jurisdictions. An employment attorney can provide you with the necessary guidance and help protect your rights.

Review the Performance Improvement Plan (PIP)

Typically, after a poor performance review, the next step is to be placed on a Performance Improvement Plan (PIP). A PIP is a written plan outlining the specific performance issues and the steps you must take to improve. The employer must provide reasonable and achievable goals. If the employer is unreasonable or fails to meet the standards, you can use this as evidence of a wrongful termination.

Identify the Problem and Consider Your Manager's Actions

Often, the supervisor or manager is the source of the problem. For example, a supervisor might use intimidation tactics to pressure employees. One such manager ruled with fear and intimidation, acting out of personal frustration. When a manager becomes emotionally charged and verbally abuses an employee, it can be grounds for a wrongful termination lawsuit.

Document and Preserve Evidence

It's important to document the poor performance review and any subsequent actions taken against you. Keep a detailed record of all interactions, reviews, and any verbal or written communication from your manager. This documentation can be crucial if you decide to pursue legal action or negotiate a resolution.

Conclusion

Receiving a poor performance review can be daunting, but you have rights and options. Seeking legal advice, understanding your employer's responsibilities, and taking proactive steps like looking for a new job can help protect your interests and ensure a fair and legal process.