I have evidence that my child leave negatively affected my performance review. Is it worth it to contact outside counsel? I would normally not but the company has gotten so toxic and something like this seems so wrong that I cannot see myself letting them get away with this. Seems highly illegal and should not go unchecked.
17 replies (most recent on top)
Yes, consult a lawyer
It’s called prima facia when I got my bad review, two days before I said I had to have surgery.
My best friend is an HR executive.
Yeah, I’ve been with Bank close to 30 Years and I had to go on leave for a major surgery and now I’m getting a really bad review and have never had that in my 28 plus years.
Seems like an age thing.
Once you go legal you can't put that toothpaste back in the bottle. Make damn sure you know what you're doing. The reward must vaslty outweigh the rist. If it fails, it has vibes of having a bankruptcy on your record. And nowadays, things are easier to discover by those wanting to look into your past. There also may be a time in your worklife you will regret a failure of legal involvement. You need to score BIG or don't do it, is my opinion.
The more commentary I read in these posts the more obvious it becomes that WF has employees trolling them for damage control. There’s so many die hard defenders of a company’s corporate policy like we all aren’t here for a paycheck. I get it, I would do the same thing with the amount of sh#t people talk here about the company. Some replies are just too obvious to see who is behind them. I don’t care who you are in this world, anybody that uses their time to write commentary that defends a company’s use of benefits against an employee is a waste of anyone’s time unless they are on the payroll.
I'm not questioning whether people should be able to use the benefit, my question is HOW did using it negatively impact the review. It's a legit question, because I can imagine that there's a guy out there that's like "I get exceeds every year, and I didn't this time only because I took leave!" If that's what happened, it's not discrimination. You can't exceed while on leave. That's not how ratings work. Now, if it's the opposite and he got tanked below meets? Sure, big issue, but right now we don't know that. The language used in the original post is vague in the most critical area which makes it difficult to reasonably respond. If that effect is intentional...
If I’m the manager, the two very best employees I have are receiving the inconsistent rating. I don’t want people around me that are a threat to my continued employment. Easy
Imagine you are a mgr if ten people and know you have to give two inconsistently meets. One is obvious to everyone. One exceeds is obvious everyone else is plugging along fine. You put 0,1,8,1,0 as your ratings from one to five. Your mgr comes back and says make one of your eight meets lower due to forced ranking HR is enforcing. What’s a good mgr to do?
- find the next highest person and love them to an exceeds or tell your boss they likely will be exceeds at year end
- evaluate the remaining seven. Assume all are equal productivity wise but one was on leave from Feb 1 thru May 31. So what to do? The one on LOA did less widgets this year so they will be the pick. Don’t take it negatively. Not much the boss could do.
Exactly. This is the main point from this post but apparently people still have a problem seeing that. It’s crazy that people would defend a company that offers a benefit that is loaded with poison if you use it. I guarantee if this same person was using their company provided PTO benefits and received a lower rating because of it we all know they would be singing a different tune.
How are people upvoting this? Maternity is literally a benefit the company offers. If they have such a problem with people being out this long then don’t offer it.
Dude you got 4 months of free pay. Rest assured the company made less money if you than you made off them this year. I wouldn’t complain too much.
Honey they are pushing us out anyway they can. Management is trying to find anything to lay us all off.
If you file an internal claim there's a good chance you will be out right after they come back with a result of "no finding". Unless you have something in writing that says "I know you were on leave and I'm not supposed to count that against you for your Midyear rating but I am going to anyway" it will be extremely hard to prove. Not to mention the Midyear ratings aren't official so you really haven't been affected in any official capacity.
Yes
For crying out lout, do not ask for that kind of advice here. Just talk to a lawyer. Usually the consultation is free.
How would you be able to prove this? I can see them doing it with being forced to rate people down and missing a chunk of work (unethical). There may be an accommodation org outside the firm you could reach out to (or one of those magazines who rates this company as a top company for mothers).
Define "affected", did you get something below meets?