Ask a Legal Question
  1. #1

    Join Date
    Feb 2012
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts

    A Bogus and Misleading Performance Review

    Jurisdiction / State: Illinois

    The company that I am employed for now is corporate it was once owned by one private owner. Anyhow, he sold and the new company kept most of his old crew. Starting from day one we had a company meeting and while I was asking questions about how we should do things the district manager did not like my body language in which was shaking my head from side to side and smiling, he kicked me out of the meeting. The company let me keep my off days to Tuesdays and Thursdays because I was a student, but when the semester ended and a new one started I needed Saturdays off for my Saturday Class. The reason he gave me for doing so was that everybody else was going to be mad if im off every Saturday and so I had to work every Sunday in which I know it was because FootBall season was starting. However, I bit the bullet and worked my sundays and was also told that nobody have scheduled days off in which is a lie, my managers cousin is part of the crew and he is off every friday. Since I have been working there I have witnessed some wrong doings but I was very apprehensive about even saying anything because I do not trust my managers boss because I have caught him sharing information about another managers review. Anyway, It is time for my review and the manager has simply lied about my review and I was given a 25cent raise. The review said that I am late all the time and this dimwit made himself even believe that he talked to me about this. Except for this never ever happened, I am never late, however a male co-worker of mine is always late and I saw his review on the fax machine and it said that he is always ontime and no to mention my co-worker is making $7.00 more than myself. I have become a disgruntled worker and do not like my job and have became depressed behind this whole ordeal...What can I do? Please help

  2. #2
    Super Moderator Samaritan & Scholar
    army judge's Avatar
    Join Date
    Nov 2009
    Location
    Pago Pago
    Posts
    14,530
    Thanks
    245
    Thanked 1,530 Times in 1,511 Posts
    Quote Originally Posted by wbrials View Post
    The company that I am employed for now is corporate it was once owned by one private owner. Anyhow, he sold and the new company kept most of his old crew. Starting from day one we had a company meeting and while I was asking questions about how we should do things the district manager did not like my body language in which was shaking my head from side to side and smiling, he kicked me out of the meeting. The company let me keep my off days to Tuesdays and Thursdays because I was a student, but when the semester ended and a new one started I needed Saturdays off for my Saturday Class. The reason he gave me for doing so was that everybody else was going to be mad if im off every Saturday and so I had to work every Sunday in which I know it was because FootBall season was starting. However, I bit the bullet and worked my sundays and was also told that nobody have scheduled days off in which is a lie, my managers cousin is part of the crew and he is off every friday. Since I have been working there I have witnessed some wrong doings but I was very apprehensive about even saying anything because I do not trust my managers boss because I have caught him sharing information about another managers review. Anyway, It is time for my review and the manager has simply lied about my review and I was given a 25cent raise. The review said that I am late all the time and this dimwit made himself even believe that he talked to me about this. Except for this never ever happened, I am never late, however a male co-worker of mine is always late and I saw his review on the fax machine and it said that he is always ontime and no to mention my co-worker is making $7.00 more than myself. I have become a disgruntled worker and do not like my job and have became depressed behind this whole ordeal...What can I do? Please help




    Nothing, absolutely nothing you have said is relevant or actionable in a court of law.

    If you don't like your job, you can do what millions of other people do every year, QUIT.

    Your employer is not required to do anything but pay you for the hours you are authorized to work.

    No employer is required to give you a specific day off for any reason.

    And, before yous ask, all employees are not required to be treated the same.

    An employer is only required to not discriminate against employees.

    But, that same employer can pay one employee $10/hour, while paying another employee $20/hour!

    So, you can quit, or you can follow the rules your employer sets for YOU!

    But, you can't prevent your employer from terminating you, even IF you are what you might term a GOOD employee.

    And, no employer has to even tell you WHY you were terminated.

    It ain't fair, but it is LEGAL!!!!





  3. #3
    thelawprofessor's Avatar
    Join Date
    May 2001
    Location
    New York City
    Posts
    7,585
    Thanks
    8
    Thanked 280 Times in 263 Posts
    It's unfortunate and sorry to hear. Especially now during a questionable economy, times are tough and employers have a great deal of leverage. The most pragmatic relief you have is the response you just received - leave your job and let them try to find someone to replace you who is always on time and gets the job done.

    Forum posts are not legal advice, are for educational purposes only & are not substitutes for proper consultation with legal counsel.

    Need a lawyer? Use TheLaw.com's FREE Case Review now!

  4. Super Moderator Samaritan & Scholar

    Join Date
    Feb 2004
    Posts
    5,335
    Thanks
    4
    Thanked 372 Times in 364 Posts
    There are no laws whatsoever regarding performance reviews, and no laws requiring that you ever be given a raise of any kind unless minimum wage is raised by the appropriate legislative body and the raise is needed to bring you up to the new minimum.

    Your legal recourse is to find a new job and quit when you find one.

  5. #5

    Join Date
    Feb 2012
    Posts
    2
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Thanks for the replies, however army judge I do know that there is a law that back up same pay if your doing the same job. There is a gender difference, I just wanted to know about the laws before I just went babbling on at my litigation process......But thanks for the feed back....

  6. #6
    Super Moderator Samaritan & Scholar
    army judge's Avatar
    Join Date
    Nov 2009
    Location
    Pago Pago
    Posts
    14,530
    Thanks
    245
    Thanked 1,530 Times in 1,511 Posts
    Quote Originally Posted by wbrials View Post
    Thanks for the replies, however army judge I do know that there is a law that back up same pay if your doing the same job. There is a gender difference, I just wanted to know about the laws before I just went babbling on at my litigation process......But thanks for the feed back....



    You are free to believe whatever you wish, however, that doesn't make it true.

    Some people continue believe the earth is flat.

    Some people believe they are superior to others because of the God they worship, the color of their skin, or their gender.

    In a free society, no one kills you for holding an incorrect belief.

    Heck, I even know a fellow that believes he's seen Bigfoot!

    The law you speak of in Illinois is overseen by IDOL.

    It isn't what you think it is.

    It doesn't require an employer to pay every clerk $10.00 per hour.

    If it does, tell me why the Chicago White Sox, Chicago Cubs, Chicago Bears, Chicago Bulls, and Chicago Black Hawks don't employ one woman as part of their respective teams.

    Now, my sports question was just getting the discussion started.

    Why don't strip joints employ dancing, naked male strippers?

    Have you ever read a union CBA?

    Read the law in its entirety.

    I didn't graduate from law school summa cum laude, practice law for decades to be berated by a bullying, ungrateful, unappreciative, boorish lout.

    You asked a question, I gave you an answer!!!

    You're free to ignore it and pay another attorney to give you the same answer.

    But, I won't permit you to come on this website and be rude.

    If any harm has been done to you, I didn't do it, nor am I responsible for it.

    Be civil, don't be rude, or I'll see to it that you don't do it again on this website!

    Unequal wages doesn't mean that wages must be equal.



    Here's the law:


    Equal Pay Act of 2003

    The Equal Pay Act prohibits employers with four or more employees from paying unequal wages to men and women for doing the same or substantially similar work, requiring equal skill, effort, and responsibility, under similar working conditions for the same employer in the same county, except if the wage difference is based upon a seniority system, a merit system, a system measuring earnings by quantity or quality of production, or factors other than gender.

    http://www.state.il.us/agency/idol/news/epa.htm
    Last edited by army judge; 02-02-2012 at 12:24 AM.

  7. #7
    Super Moderator Samaritan & Scholar

    Join Date
    Feb 2004
    Posts
    5,335
    Thanks
    4
    Thanked 372 Times in 364 Posts
    The law does not say that all employees have to receive equal pay, or anything even remotely like that.

    What the law says is that you can't pay men (or women) more (or less) BECAUSE they are men (or women).

    You can, however, pay one employee more than the other because one has more experience at other companies, or has been with this employer longer, or because their skill sets are different, or because the boss plays golf with the other guy's father.

  8. The Following User Says Thank You to cbg For This Useful Post:

    army judge (02-02-2012)

  9. #8
    Registered User Distinguished Member

    Join Date
    Sep 2011
    Posts
    76
    Thanks
    0
    Thanked 6 Times in 6 Posts
    OP, do you and your coworker perform the identical jobs? If so, is there an objective reason why the company pays him $7.00/hr more than you? Does he have more experience? Is his educational background better than yours? Does he “produce” more at work than you?

    If there is an objective basis for the pay disparity, you probably do not have any grounds for pursuing anything. If, however, the given reasons for this disparity are non-existent, wholly subjective and/or non-factual, then you may want to weigh whether your employer has engaged in gender discrimination with regard to compensation. Disparate treatment under such circumstances may very well be actionable.

    In contrast, being kicked out of a meeting, changes to your schedule and the other “issues” you raise would not appear to support a cause of action of any stripe.

Similar Threads

  1. Employment MisLeading
    By Cornelius in forum Termination: Firing & Resignation
    Replies: 1
    Last Post: 06-02-2010, 10:28 PM
  2. Can I supeana my past employer for performance review for court?
    By imusgrove in forum Termination: Firing & Resignation
    Replies: 10
    Last Post: 04-16-2009, 09:55 AM
  3. Misleading adoption
    By mgnleal in forum Child Custody & Visitation
    Replies: 1
    Last Post: 08-21-2008, 07:39 PM
  4. misleading
    By Susan_McKinnon in forum Lawyers, Legal Practice, Ethics & the Bar
    Replies: 1
    Last Post: 02-25-2008, 02:50 PM
  5. False /Misleading Advertisment?
    By emkat in forum Other Ownership, Use & Privacy Issues
    Replies: 3
    Last Post: 06-08-2007, 11:14 AM

Log in

Log in