I received this interesting question via Twitter.
Sharlyn! For a post…if employee gets bad performance review and doesn’t agree with it, is there value in going to HR to complain?
First off, let me say that I’m a firm believer than an employee’s performance appraisal should not be a shock to them. I don’t know if, in this case, the employee expected a poor performance review or if this was a surprise. However, in my experience, when an employee came to human resources to complain about their performance review, it was usually because their review was a surprise to them. Enough said.
Also, in case you’re wondering, let’s briefly cover the legal aspect of this. I reached out to Jonathan A. Segal, a partner at Duane Morris, LLP. Their employment practice group helps employers achieve their business goals while maximizing legal compliance. Jonathan has helped with other HR Bartender reader questions. So, I asked, are employees legally required to agree with or sign their performance appraisal? Here’s his reply:
“Employees do not have to agree with or even sign their performance appraisal. However, an employee’s failure–indeed refusal, even to acknowledge does not speak well to the employee’s paying attention to the concerns raised by the employer. The employer may want to communicate this fact to the employee.”
Speaking of communication, when an employee doesn’t want to sign their performance appraisal, one option that can be offered is to allow them to write some sort of rebuttal. The logic being if they don’t agree with the review, go on the record why you don’t agree with it. I asked Jonathan his thoughts on employees drafting a response to their performance appraisal:
“I like the idea of offering an employee the option. The response may be helpful in fueling a dialogue to address concerns raised by the employer. If the employee simply says s/he disagrees, this may help the employer in the event the employee ultimately is discharged. It shows the employee was given guidance on how to improve but decided he or she was beyond improvement.”
If you’re the employee, and you don’t agree with your performance appraisal, ask if you can write a reply. If you’re the manager, don’t be intimidated by the request. I know this is easier said than done. But remember the goal of a performance review: to improve performance. If allowing the employee to write a reply helps achieve that goal, it’s a good thing. Additionally, refusing to allow an employee rebuttal sends the message that the company isn’t open to employee feedback.
Which brings us to the reader note. Where does HR fit into this situation? Well, several places.
BEFORE the review. If a manager believes an employee isn’t going to like their performance appraisal, talk with HR before having the meeting. HR can offer some guidance on the best way to deliver the review. On the other side, if you’re an employee expecting a bad review, go talk with HR about your concerns and get some guidance on how to respond in a constructive manner.
DURING the review. The manager can give an employee the option of delivering their rebuttal to HR or to the manager.
AFTER the review. The manager should debrief with HR about the discussion, let them know what happened and what the employee has decided to do. Once the employee rebuttal is received, it will be necessary to have a follow-up meeting to address the employee’s concerns. Depending upon the situation, HR might be involved in the follow-up meeting.
HR’s involvement really depends upon the structure of the organization. More importantly, the manager and employee are able to move past the bad performance review with open discussion and proper follow-up.
(Please note: Jonathan is great about sharing is expertise with us. Remember his comments are not legal advice and do not establish an attorney-client relationship.)
Image courtesy of HR Bartender
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Johanna says
I appreciated this article. Here’s the follow up question I have: What do you do when the employee disagreement comes from within the HR team? And the disagreement is with the HR manager?
Anon says
As an HR professional, I’ve had several cases in my career where this comes up and I fully agree with HR Bartender on her advise. I’ve had a few situations where the employee refused to sign the document but when asked if they’d prefer to offer a rebuttal statement so that the copy in the file (because it will go in the file, whether the employee signs or not) – most of the employees have appreciated that offer.
Definitely, if you are a manager, the review should NOT be a surprise. If you have a good HR Partner, work with them to practice the conversation and try to determine what responses you might get so you can think through how you’ll answer.
If you’re getting the bad review, don’t be afraid to go to HR, but try to have specifics so that you can support your comments.
Lastly, if you get a bad performance review and you think it’s because of retaliation, talk with your HR professional or call your company hotline (if you have one). In many cases, people who report wrongdoing or participate in investigations can be protected from retaliation. Your HR professional can help look into your concerns.
Bucky says
I have actually done a rebuttal in the past. My manager had downgraded me on knowledge for which I had never been trained. I pointed this out to him, and subsequently got the training that had not been ‘available’ before.
Alternatively, I later had a similar situation, with no way provided to rebut a false accusation. The manager in question was a very political manager and I found documented errors in her work. I was the one pushed out.
Sharlyn Lauby says
Thanks so much for sharing your stories!
When the situation is within human resources, it’s important to remember HR sets the example for the company. If they don’t follow the rules, they can’t expect anyone else to comply with them. In my experience, when there have been performance issues within HR, I’ve given people the opportunity to speak with my boss. HR has to be held accountable to someone.
Daniel Honigman says
I can imagine that this is a tricky situation for not only the assessor, but the employee as well. Employees shouldn’t be afraid to speak with their manager, and if needed, HR as well. If anything, a trained HR representative can facilitate an open and productive discussion.
Jay babbitt says
I always recommend that they propose to the employee a follow up review in 90-days. This would then be the most recent review in their file. The employee should still be cognizant of the comments raised by the manager, otherwise, the newer review would be the same.
Ewa at iRevu says
I fully agree – performance review shouldn’t be a surprise. In fact, the best way to avoid the situation described above is to communicate with employees directly in real time and provide bite-sized pieces of feedback on an ongoing basis – this is especially useful to minimise the impact of negative feedback. Reacting as soon as the problem arises means that harshness is not necessary and employees stay on track, as well as feel more confident.
Sharlyn Lauby says
Thanks!
Braavoo - Instant recognition says
Yearly performance reviews are increasingly inadequate in today’s complex workplaces. Instant, immediate feedback fuels employee motivation. Braavoo is the online platform for instant recognition, happy teams and better work. We just started and are keen on getting as much feedback as we can get. Thanks.
Dawn Plant says
Thank you for this. Some of us School Lunchtime supervisors have been downgraded by a colleague who shouldn’t even be doing our Performance management reviews in our eyes, he has no idea what we have to do!!! Although I was ok on mine, the amount of stuff they are asking us to do for 1 hour a day is over the top to say the least and I have refused to do the next ones as I have just found out that this time I shall be reviewed by the colleague mentioned above and not my actual Supervisor. Where do I stand there?? hope you can help
Karen says
There is now neuro-scientific proof of the effects of numeric-based evaluations on the human brain. What do we do with those that instinctively understood this and their “no thanks” was not one of surprise but rather repulsion that something could be passed off as a viable performance mgmt. tool?
jagath says
I need to get some information regarding my appraisal