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Manager lied on performance review, denied multiple opportunities.

Discussion in 'Employment, Labor, Work Issues' started by Mike63920111, May 29, 2019.

  1. Mike63920111

    Mike63920111 Law Topic Starter New Member

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    Jurisdiction:
    Kansas
    This initially happened in Kansas but now in Texas.
    In 2010, I received a negative review for minor reasons but the real reason was retaliation by my manager for an issue that he had with me. HR “investigated” and believed his undocumented lies and ignored the documentation I had that proved he lied. I put that behind me and rose up from it.
    In 2012, I was given a lateral move to Texas and a new position.
    Now, after six years and being denied over 100 promotions or lateral moves, I went to a higher up in HR to see why I could not secure a different position.
    During the meeting, he mentioned the negative review seven times as the only reason I have not been promoted. He also stated that I do not have a future with the company because of the negative review. Younger, less educated and unqualified employees and external hires have been placed in these positions vs me. I have the documentation from 2010 and I can prove I was retaliated against and the manager lied.
    Just looking for some direction on what to do with this information. I am in a good industry with a non social security retirement plan and a pension so I really don’t want to leave.

    Thanks in advance. I can clarify more also if needed.
     
  2. mightymoose

    mightymoose Moderator

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    If there was anything to do it was years ago. It is too late now.
    Seek new employment if you are not happy with your current employer.
     
    hrforme likes this.
  3. Tax Counsel

    Tax Counsel Active Member

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    If that is really the reason — that your manager and HR are holding that 2010 review against you — then you have no legal recourse here for this. While I think its stupid to hold such an old review against you if your work since has been stellar, it is not illegal for management to be stupid. Nor is it illegal for management to be vindictive and delibrately hold you back over it. It is only illegal if the reason that that company is denying you advancement is one that is prohibited by law. Under federal law, employers that have at least 15 employees may not discriminate against an employee because of the employee's race, color, national origin, citizenship, religion, sex, age (if the employee is at least age 40), disability, or genetic test information. Most states have their own laws prohibiting discrimination by employers, and some of states cover more than federal law does. Texas law, however, pretty much just mirrors the reach of the federal law.

    If you could prove that the real reason you are being held back is because the company wants to promote younger employees then you'd have a good illegal discrimination claim assuming your employer has at least 15 employees and that you are at least age 40. But in most cases that's pretty hard to prove.

    If you want to stick with this company, try being a bit proactive here and sit down with your manager and/or HR and ask them what steps you can take to have a good shot at the promotions you want to get. You'll have to make yourself stand out in a way that helps the company and your manager meet their goals. So find out what things are important to them and try to deliver on that.

    Your other option is to look for a job someplace else. It's not always comfortable to do that, but sometimes leaving a job like this and moving to another place is the very best thing you can do for yourself. Don't stay at this place just because you are used to it. If you aren't getting from it what you want, then it may be time to shake things up and do something else.
     
    hrforme likes this.
  4. zddoodah

    zddoodah Well-Known Member

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    Not really sure what you're asking, but nothing in your post suggests you have any valid legal claim against your employer.

    The overwhelming majority of employment in the U.S. is "at will." That means that the employee can quit at any time and for any reason, and the employer may legally fire the employee (or take lesser adverse employment action) for any reason not prohibited by law. Things that are expressly prohibited by law are things like discrimination on the basis of race, ethnicity, gender, religion, etc.; retaliation for whistleblowing; etc. Not promoting an employee because of a performance review is perfectly legal. Your manager allegedly lying on your review is not illegal, unless it was motivated by an intent to discriminate illegally, etc.

    Exceptions to at will employment are (1) some civil service jobs; (2) where the employer and employee have entered into a contract that limits the employer's ability to terminate the employee; and (3) where the employee is a member of a labor union that has a collective bargaining agreement with the employer. None of these seem applicable to your situation.
     
    Tax Counsel, hrforme and Zigner like this.

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