Hr Privacy

[Eddison]

Hi Shirley, I have a unique situation in which I need your expert advice. I have heard that my rights have been terribly violated and that I have a potential suit against the company for unfair performance ratings that will lead to unequal financial compensation, as well as defamation of character, harassment and work-place "bullying".  I'll dive right in. I am a manager and it is annual review time in our company. We have been working long hours for nearly a month preparing annual performance feedback for hundreds of employees. We have also experienced a change in our direct managers that lead most(but not all employees) to have a new senior manager. For the performance evaluation period, all managers were advised to score their group in the shape of a "bell-curve". For example, if you have 10 employees, 2 would rank in exceeds expectations, 4 below expectations and 4 in meets expectations. No exceptions were to be made and everyone, falls into this theory/category. Eventually, managers would put those that fall below expectations on development plans and soon have them terminated(this company doesn't lay-off people because of the bad press). Then by putting some on development plans, those at the low end of meeting expectation might begin to perform in a "fear-for-your job" mentality. In our company, everyone utilizes open cubicles and our senior managers also use cubicles but have 6-foot walls on 3-sides. During the preparation and scoring of the evaluations, my direct manager submitted my PA to my senior manager to review and they were overheard discussing my ratings and the contents of my PA over the cubicle walls. Rather than take the conversation to a private area, this person chose to discuss my performance evaluation in a loud manner, revealing my score and that my performance was not meeting expectations. Keep in mind, this senior manager was only 12 days into being my new senior manager and I have never reported or performed for her.  This discussion was overheard by several employees both at my level and also directly reports to myself. The employees at my level knew that the score the senior manager wanted for me was not acceptable nor rewarding of any merit increase. They also know that score is indicative of termination in the near future.  They clearly heard the senior manager say that my score was too high for what she believed I deserved(or quite possibly for the bell-curve theory) and that she must lower my score to less than effective.  She was also heard verbally telling my manager how negative she perceived my performance to be and making defamatory statements outloud.  Again, this was witnessed by several employees in the area and they felt compelled to notify myself because of their morals. I need to know what I can do to redeem my reputation with my direct reports, repair my reputation, and seek a fair performance evaluation. I work very hard for this company and it is not fair that a 12-day manager appraised my evaluation and now has removed any financial gain or transfer to another area. In other departments, the original managers were responsible for reviewing their old subordinates but my old senior manager specifically stated she was intentionally been removed from participating in my performance evaluation.  My direct manager also told me that her evaluation of my performance was within "meeting expectations" and she was told my the new senior manager(whom I have never reported or worked for) to lower my score.  I have exceeded my expectations by meeting all deadlines, improving and optimizing my departments performance and processes and I just want a fair review with damages removed.  Any advice?

ANSWER: First of all, I feel bad for you and it is unfortunate that your new manager has taken a dislike to you.

Now I have to tell you the bad news. I know of no laws that protect performance evaluation information.

There are laws protecting medical information, private information such as social security number and address from identity theft, and even financial information, but no laws I know of that regulate this type of information.

It was not right for her to speak so loudly and let everyone overhear, but it is also not in violation of any regulation unless there is a policy in the company handbook against this activity.

There must be a manager above her that you could talk to , or an HR manager that may be able to help you. The only other suggestion would be to go to the new manager and ask her why she has a problem with you and what can the two of you do together to resolve it.

Shirley

---------- FOLLOW-UP ----------

If after I speak with HR and her senior manager, I am sure they will notify her and she will begin to focus on finding ways to bully and even harass me to the point I might want to leave.  I was also notified by another source that she was preparing a write-up on me for really abstract items that take a significant effort to find. Like being a salaried employee and taking an hour lunch vs. a half-hour. Or not completing a task while I was recently on vacation. Are there any laws that I can research that might protect me from harassment or her retaliating against me because I involved HR and her manager?  If so, how can I connect the events - would any of this stand in court?

[Hinrik]

Retaliation for reporting an incident is not allowed. It is very hard to sue the company for any of this unless your race, gender, nationality or age are factors.  The HR manager will know that you cannot be retaliated against and will let her know it cannot happen. It might be a good idea to transfer to another department if that is an option, HR may be able to help with this.

Shirley