Bad Perf Review=NO raise, Possible Defimation?

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zpe9503

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To give you some background info I live in So. CA and when I was brought on board from a temp position (1 yr ago) my boss & the previous HR lady made verbal promises to give me a particular salary by my review in the next few coming months in order to get me to accept since they knew I was going to turn it down to due salary. Also, my boss asked me to stop going on interviews, asked me to tell my agency to stop sending me on interviews and even made sure I knew "bad info" about one prospective co. during my time there as a temporary employee. I accepted my permanent position with them under the promises made and when my review came around last year I do not get the salary I was promised. I asked to speak to someone about it and although I was told this would happen, it never did! Last Christmas bonuses where given to only employees who had been there by Jan 01, 2003 and I was indeed there but since I was not their employee at the time I didn't get it. So for those few moments around these instances I told my boss I was upset because I felt I was not getting $ I should have. She said she agreed and understood. Within the last few months I had been given A/R duties which seems warranted enough for a raise. The company I am employed by has gone down hill and MANY employees have left the company or are planning to, due to displeasure of feeling as though they don't matter and feeling over worked & underpaid.
A few months ago the employees filled out a self evaluation and just the other day I was called into a meeting w/my boss and our Controller. In this meeting I heard & saw my review by THEM for the first time. I was shocked as well as found it ironic how a boss that I hardly ever interact with could feel she could comment on my overall performance (FYI: my coworkers feel the same way). In the printed version of my evaluation she said things in reference to me like: "I helped in ____ and I was the instigator", "she would prefer a job where there is a right and wrong, "gets frustrated and doesn't hesitate to let those around her know it", "had an instance with foul language." During her verbal communication of her review she stated things such as "you are not well liked." I have had plenty of positive comments in reference to my job performance from her, fellow peers & management, which I do have in emails I have kept. There where very few positive things stated or even acknowledgement of the numerous times I saved them money & going to court etc… Although she seemed to TRY to be positive about "helping in ____ " the word "Instigator" is not generally used as a positive term. The right & wrong comment may hold some truth but is situational as it is with most people, most other employees have "vented" their displeasure of their job/this company with each other just as I have on a few occasions, the foul language thing was something that was SUPPOSEDLY not to go into my personnel file and I did rebut the accusers comments by saying I don't believe I used foul language and he was being condescending. I feel that these accusations are blown out of proportion/false. Some may view me as someone will stick up for their self and so that makes me a great "fall guy." Also, I feel my boss is purposely saying these things to discredit me. Up until this point she has always stated she understood about the money situations and backed me up when accused of "foul language." Now it is the opposite. Only reason I can come up that she is acting this way is, in my "things I haven't accomplished this year" on my self review, I wrote I did not get the promised salary and I asked for opportunities on improving my excel skills but they where far & few between do to Dept. changes . FYI: Since turning in this review she has not interacted with me at all and has seemed frustrated and short when I would as her something, generally job related. I feel "thrown under the buss" by her & fellow employees whomever they may be, if that is even true. The bottom line is, I am wondering if my recent performance appraisal & verbal review by my boss was defamation of character. I understand defamation as: an intentional false communication, written or spoken, that injures another person's good name or reputation. I feel this has been done b/c it was infront of my Controller and is something that will end up in my personel file. Also it has resulted in no raise which I feel is a "suffered loss." If this is not considered defamation, does anyone have suggestions on how to handle her & my review? What if she or HR makes these accusations to a future employer and I do not get the job because of it? Thanks for taken the time with this long ordeal.
 
The bottom line is, I am wondering if my recent performance appraisal & verbal review by my boss was defamation of character. I understand defamation as: an intentional false communication, written or spoken, that injures another person's good name or reputation. AND it must broadcast to an "audience" which it was not.

Additionally, members of management where you are employed are "parties in interest" in your employment and thus enjoy a high degree of protection against such claims. In other words, they are free to discuss your job performance amongst themselves - and with you - even if it's negative, even if they're mistaken, and even if you vehemently disagree with their opinion.

The only potential legal claim you may have is the "promised" pay raises but without knowing exactly what was said or committed to, it's impossible to comment. The key question is whether pay raises were guaranteed regardless of any other considerations - such as your job performance, company finances, etc.
 
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