Supervisor/evaluations/write-ups....help

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Kittaykat

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I became a Supervisor in March 2006. I have never had a job evaluation. Now I received a Last and Final Warning that means I'm one step away from losing my job. Supposedly I have done all these wrong things that are not documented in any way, but lumped together all on one write up. Do they need to have things documented? How could I work to improve myself and job performance with no evaluation? We also have steps to take like a verbal, so many written warnings, and then the Final. These steps do not need to be taken? Also, it appears that my evaluation is in my file with a forged signature on it. Now what do I do?
 
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There is no legal requirement that they have everything documented. It is considered best practice for them to do so but it is not required by law. (Not doing so would NOT make your termination illegal, but it would make it much easier for you to get unemployment.) No law in any state requires them to provide evaluations. Barring a bona fide contract or CBA that specifies otherwise, they are legally allowed (and most policies specifically indicate this) that steps in a progressive discipline policy can be omitted at the employer's discretion (this is so that someone who commits physical violence or who is caught with their hand in the cash drawer and their pockets stuffed with cash, is not limited to a verbal warning). They can put your evaluation into your file with or without a signature so I don't know why they would feel the need to forge one.

I can't say I think much of your employer's management skills, but in all of your posts you still haven't mentioned anything they have done that violates the law.
 
Ok, last question. Are they required to share the evaluation with me? Not only is the signature not mine, I never saw the document and I never received the review. Whether they needed my signature or not it is now forged- and that's ok? Bottom line seems to be that an Employer can do whatever they want whenever they want and the employee can do nothing. Whether illegal or not, they are not following company policy. I think I got it now.
 
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What State do you live in,and how does the employee handbook address the issue of evaluations?
 
We are in PA. I just looked in the Handbook and it really only talks about an eval. after your first 90 days. However, it's common knowledge that yearly evals. are given with raises. I got a raise, but no eval.
 
In PA. An employee handbook can create a just cause relationship if the employee shows that a reasonable person would interpret the handbook's provisions to show a clear intent by the employer to lift the at-will rule and be legally bound by the representations in the handbook. It has to contain a clear indication that the employer intended to overcome the at-will presumption. Once again hold on to the handbook if an adverse employment action (Fireing) occurs. It is for the court to interpret the handbook and conclude whether it contains evidence of the employer's intention to be legally bound,as well as if it has been superseeded.

PA. courts recognize the at-will doctrine.The burden of overcoming the at-will presumption "rests squarely" with the employee,and only an lawyer reviewing the handbook could see if you have a case if an adverese employment action arises. PA. law does not prohibit an employer from discharging the employee. Which makes these type of cases difficult.
 
I understand that my Evaluation does not need a signature legally, but someone forged my signature. Can I do something about that? Isn't that someone signing that they agree with the contents of my eval.? That broke confidentiality by someone else seeing my eval, didn't it? I just feel like with all this stuff happening I must be able to do something!
 
Kittaykat said:
I understand that my Evaluation does not need a signature legally, but someone forged my signature. Can I do something about that? Isn't that someone signing that they agree with the contents of my eval.? That broke confidentiality by someone else seeing my eval, didn't it? I just feel like with all this stuff happening I must be able to do something!
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That would only come into play if you have a case, first you are still working. I'm not quite sure I understand your question, are you asking can you sue the employer for having a fake signature on the evaluation? Since you believe there is a confidentiality agreement, someone forging your signature would violate it? First you would have to establish a confidentiality agreement exists, even if the signatures are forged you would have to prove the person forging the signature was not authorized to read the evaluation.
The actions would have had to produce a damage to remedy. As I mentioned as of now you are employed, no adverse employment action has come about. If you believe the signatures are forged as of now all you can do is complain to management that the evaluations, do not bear your true signature.
 
I am still employed, but have problems there. If the person that signed my review was authorized to read it ( like another Supervisor) that is not illegal? I feel really thick here, but why is it that the employee has no rights?
 
Kittaykat said:
I feel really thick here, but why is it that the employee has no rights?
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No your not thick employees do have rights some states more than other,may I suggest an easy but very sweeping book for employees. This book is easy to understand and gives a brief overview of employee rights.
http://search.barnesandnoble.com/booksearch/isbnInquiry.asp?z=y&EAN=9780375714450&itm=1
I think it will answer a lot of your questions,it is not hard to read like most law books.
 
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