Poor review alone isn’t grounds for lawsuit — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Poor review alone isn’t grounds for lawsuit

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in Discrimination and Harassment

Good news for bosses who get nervous when required to give poor performance evaluations: A negative performance review alone isn’t grounds for a lawsuit.

It’s only if the review becomes the basis for discharge, demotion or a denied promotion that employees can take the matter to court.

Recent case: Elias complained he was singled out and retaliated against for complaining about discrimination based on his Native Ameri­­can origin. His evidence: a poor review he re­­ceived after he had complained.

Elias was later fired for reasons unrelated to the review. He sued, arguing that the review itself was proof of discrimination.

The court disagreed. It said that re­­views alone don’t amount to ad­­verse employment actions. (Mur­­dock v. LA Fitness, No. 12-975, DC MN, 2013)

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