{"id":357827,"date":"2016-04-04T10:45:29","date_gmt":"2016-04-04T15:45:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/wages-and-benefits\/considerations-for-your-performance-evaluation.html"},"modified":"2025-05-06T11:46:00","modified_gmt":"2025-05-06T16:46:00","slug":"considerations-for-your-performance-evaluation","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/wages-and-benefits\/considerations-for-your-performance-evaluation.html","title":{"rendered":"Can I Sue for an Unfair Performance Evaluation?"},"content":{"rendered":"\n
\n \n
\n

Can I Sue for an Unfair Performance Evaluation?<\/h1>\n
\n
\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n

In some cases, an unfair performance evaluation can be grounds for a legal claim. State and federal laws provide recourse for employees who believe their reviews were biased based on protected characteristics such as race, gender, or age. <\/p>\n\n <\/div>\n\n

Employees facing negative consequences post-evaluation, such as demotion or wrongful termination, may have grounds for legal action.<\/p>\n

Many of us dread the annual performance evaluation<\/a>. Some look forward to it as an opportunity to tout their achievements. Regardless of your feelings about the review process, it’s important to understand your legal rights as an employee<\/a>. <\/p>\n

Unfair performance evaluations are relatively common. They may come about for various reasons. Sometimes they pose legal issues that can give rise to certain claims.<\/p>\n

Both state and federal law govern these claims. So, if you suspect your review was unfair, you’ll want to speak with an employment attorney licensed in your state<\/a>. They can help you understand the remedies to which you may be entitled.<\/p>\n

In this article, we’ll review some principles behind various legal claims you might bring against your employer for an unfair performance review. <\/p>\n

What Is an Employee Performance Evaluation?<\/h2>\n

An employee performance evaluation is a formal assessment of an employee’s work performance. It’s a key tool in performance management<\/a> for evaluating an employee’s work. <\/p>\n

Sometimes, the employer bases employee evaluations on specific performance metrics. They might incorporate these metrics or other criteria into template form to ensure uniformity and fairness. The specific content and format can vary amongst organizations.<\/p>\n

Similarly, some employers refer to these reviews as employee \u201cperformance reviews" or performance appraisals. Here, we use these terms interchangeably.<\/p>\n

Organizations usually conduct these reviews periodically (often annually). They typically center around a formal meeting. The employee and their manager generally convene to discuss the employee’s job performance over the designated period.<\/p>\n

Supervisors typically conduct the review. Some employers build in peer reviews and\/or self-assessments as part of the evaluation. Depending on employer policy<\/a>, employees may also have an opportunity to provide a rebuttal to negative feedback or a negative review.<\/p>\n

Performance Review Topics<\/h3>\n

Common areas addressed in the review process include the employee’s:<\/p>\n