Bad reveiw=no raise, Defamation?

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zpe9503

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To give you some background info I live in So. CA, and this is not the first time money issues had been a problem. For a few moments around these instances I told my boss I was upset because I felt I was not getting $ I should have and she has always agreed and understood. 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.

The scenario is this, 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 this 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 things I mentioned like the numerous times I saved them money & going to court etc… Although she seemed to TRY to be positive about "she had helped 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." It seems as though my boss is purposely saying these things to discredit me. Up until this point she has always stated she understood & backed in above referenced situations and now it seems 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 & short when I would ask her something, generally job related. The bottom line is, I am wondering if my recent performance appraisal & verbal review by my boss was defamation of character. I feel this has been done b/c it was in front of my Controller and is something that will end up in my personnel 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 commentary to 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.
 
No, this is not defamation. She has offered her opinion, which is her right under the law and depending on the exact circumstances may be her duty. Also, you indicate that you feel the statements were "blown out of proportion" which indicates that there is some truth to them; truth is an absolute defense against a defamation claim.

Your state does not appear to be one of the ones that gives you the absolute right to place a rebuttal in your file with regards to any information with which you do not agree, but you can certainly ask your boss if you may do so. (They do not have to agree.)

If she makes FALSE statements about you to some future employer AND you can trace your failure to get the job DIRECTLY to those FALSE statements, then and only then can you take legal action against her. But you cannot, then or ever, take legal action against her because she states her honestly held opinion, even if it results in your not getting the job.
 
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