You’ve Received an Unfair Performance Review: What to Do Next
Receiving an unfair performance review can be a shock, but it is particularly difficult when you believe it is unjustified. In this case, it is important to remember that your professional worth is not determined by a single document. Equally important, there are some steps you can do if you find yourself as an employee in Ontario in this situation:
Understand Your Rights
Ontario employment law offers employees in challenging workplace situations or dispute with some protections. As a starting point, it is crucial for employees to familiarize themselves with their rights regarding performance reviews, employment termination, and potential wrongful dismissal. Consulting with an experience Ontario employment lawyer can provide valuable insights into your specific situation after getting an unfair performance review.
Document Everything
Begin by documenting everything related to obtaining a consultation with an employment lawyer, including:
- The performance review itself
- Any emails or communications about your performance
- Evidence of your accomplishments (projects, awards, positive feedback)
- Witness accounts if applicable
This documentation will be crucial if you decide to take further action.
Seek Feedback
Request a follow-up meeting with your manager to discuss the negative performance review in detail. Ask for specific examples of where you fell short and what you can do to improve. This can help you understand their perspective and potentially address any misunderstandings. Although the purpose of a performance review by an employer is to provide an employee with an opportunity to improve any performance shortcomings before the employer applies corrective discipline, as they usually rely on the negative performance review to support a termination of employment. Therefore, it is important to properly review and respond to the performance review.
Respond to the Negative Performance Review
If you disagree with the review, calmly and professionally explain your side of the story. Focus on specific examples of your work and achievements. Be prepared to offer solutions for any areas where improvement is suggested. For employees faced with a negative performance review, consider other important points to keep in mind:
- Prepare your response to an unfair performance appraisal in writing and request that your employer keeps your response alongside the unfair performance review in your personnel file.
- Point out to the employer that the performance standards expected are not objectively reasonable, unrealistic to achieve, were never communicated, or you were never provided with appropriate training and instructions.
- Ask your employer for adequate time, resources and support to correct any performance issues, including by identifying any concerns. For instance, an employee may be able to point out to the employer that its performance concerns cannot be addressed without proper assistance and while expected to simultaneously maintain a regular workload.
- Point out any significant inconsistency with previous positive performance review or accomplishments, including any historical or recent achievements or awards.
- Be sure to note that any perceiving performance shortcomings were never verbalized
- Point out if there are any perceived inequities in the performance evaluation process of other less-scrutinized employees
- If any explanations in the unfair performance review was vague or difficult to understand, point that out and ask for clarification and examples, in writing, regarding any aspects of the appraisal so you can best respond.
- If there is any policy detailing the evaluation or appraisal process, point out any inconsistencies with the policy and how they may have applied it in your negative performance review.
Consider Your Legal Options
Depending on the severity of the review and your relationship with the company, an employee may want to consider consulting with an experienced Ontario employment lawyer to understand their options and next steps, including a wrongful dismissal claim or constructive dismissal claim. This is especially important as you prepare a response to the negative performance review and evaluate the best way to navigate your workplace issues.
Book a Consultation with an Employment Lawyer in Toronto
At Bune Law, we understand and are familiar the complexities of workplace law and are committed to helping both employers and employees navigate these challenges. Whether you are an employer or employee dealing with employment contracts, workplace disputes like a wrongful dismissal or constructive dismissal, or simply need guidance on your rights and obligations for a severance package review and negotiation, our experienced employment lawyer is here to assist you. Book a confidential consultation with our Toronto employment law firm to protect your legal rights to understand your options and protect your rights.
Why Choose Bune Law When You Need an Ontario Employment Lawyer?
- Experience in all areas of workplace law, including wrongful dismissal claims, constructive dismissal claims, severance package reviews, severance package negotiations, discrimination and human rights disputes, and employment contract reviews.
- Proven track record of successfully resolving workplace disputes through negotiation, mediation, and employment litigation.
- Compassionate and personalized approach to each case, ensuring tailored solutions that meet your specific needs.
If you need a Toronto employment lawyer who is committed to delivering strong results and proactive solutions, please contact Bune Law online or by phone today at 647-822-5492