Performance Evaluations

[icebreakerpenguin]

I had my review today (the first at this job since I've been here for about 7 months).  To paint the picture...I work for a small law firm.  My review was by the President who is not well liked.  He an older litigation attorney who paces the floor all day seeing what everyone is doing and complains he's overworked.  He has gone ballistic when someone on the support staff has called him "Tom" and not "Mr. Wilson"!  Anyway, I had a favorable review but when I asked for a copy of my evaluation for my file, he said he couldn't do it (and that he never has done that).  I've always gotten a copy of my review in past jobs.  What has been the case with you?  

[jadegrniiz]

I've *ALWAYS* gotten a copy of my performance evaluations! Never would have accepted it any other way, either.



Reason being is, should you leave the company some day and your reference there gets called into question, you have a copy of your evaluations in your files to prove you were a good employee.



I'd tell "Mr. Wilson" that you would like a copy for your file. Period. If he says he's never heard of such an appaling thing, then just stay firm, and stand your ground. What's the big deal, anyway? What's he plan to do, change it after you've seen it? (Which is always possible... hence reason for the copy!)

[ohiosec]

Penguin -- you should definitely have a copy of it!  I have always gotten a copy of mine.  In my opinion, that sounds very odd and he is being totally unreasonable!  Wish I knew if there was a law on that.  I'll look into it and if I find out anything, I'll let you know.

[bethalize]

Now, that sounds dead fishy to me, especially if this guy is a lawyer.

I don't know about US law, but here in the UK we have the Data Protection Act. Under this Act you can contact any organisation and they are legally obliged to send you copies of ALL information they have on you, from e-mails to official forms and letters and scribbled comments on them. Is there anything similar in the US? I thought there was a Freedom of Information Act. I know this because a lot of our information about the US/UK dealings comes via America because you can access it straight away and we have to wait 30 years.

I suggest that you might wish to consider making an application for a copy of your review in writing. A polite letter explaining that giving a copy is considered normal might be worth it.

If you're unwilling to rock the boat, you might like to mull over what issues this is a symptom of.

[yankeestarbuck]

In the US we have the PRivacy Protection Act of 1974 where ANY company that has records of your paperwork has to SPECIFICALLY get your signed consent to give information out other than dates of employment.  Other than that, it goes state to state.  You work in a law firm, find out what the local law is.  Most likely, you're entitled to a copy of your review. I've never asked for one, so I don't have any.  But I'm sure you're allowed to have a copy. Just find the statute and make a hard copy of it. Lexus-Nexis should help, or Westlaw. Even a clerk can find the law for you.

[jlkee]

You should absolutely receive a copy of your evaluation.  I'm not sure about the laws, etc., but how else are you going to know your strengths, weaknesses, expectations, and what you should improve upon for the next evaluation period?  Unless the boss does want to change it after issuing it.  I have never worked anywhere where I didn't receive a copy (usually, I make it!) and it seems odd that a lawyer wouldn't want to give you one.  

[countrigal]

I've always received a copy of my evaluations, but you might want to look into the policies from your Human Resource section (if any).  Quite often they have a policy on when evaluations are done, what is to be contained in them, and possibly something stating that employee receives a copy after signing.  This might not be state or fed law, but it is binding for the company and might be a good first step.  If he has to send it to an HR office, then maybe you can just request a copy from them and not have to deal with rocking the boat with this lawyer.  If he's so picky as to what he's called, questioning him or forcing the issue might cause hardships with working with him and just getting a copy from the next office that gets your performance evaluation (even if it's only to file) might be easiest.



let us know how it goes...

[andrea843]

You should have a copy of ANY document that you sign, an attorney should certainly be aware of this fact.  What state are you in? Let's research this and give you some ammo, however be advised that with what you've told us about this particular individual,  its possible that pushing the point could cause you some problems,,, it shouldn;t but then this hydra does not always behave in a proper predicatble hydra like manner base don what you've said.  



So ask yourself,, is having a copy of this document worht the trouble it may cause?



Yes, you SHOULD have it.  Yes, standing up for your rights is important, BUT consider the costs before you go to war over this...How will your very unpredicatble boss react to having you point out the law to him?  Fired is still fired even if the reason is unjust....



Just my four pence....



Andrea

Andrea

[icebreakerpenguin]

First of all, Andrea, the last time we spoke via this forum, I was a little harsh only because I was looking for more help.  My apologies. I think you do a great job here and your advice is valuable.



Second, regarding this matter and your questions, I work in Wisconsin.  Everyone in the office had their evaluations this month.  Everyone received a self evaluation (an old and uncomplete form asking for a ratings from 1 to 3 with 3 being best).  Everyone was, in turn, evaluated by the other attorneys in the office (they received the same form), so I had 3 additional people evaluating me in addition to the attorneys I support.  



On Friday I was evaluated by the president who said a few nice things but was very vague and didn't even talk about the fact that I had taken on additional responsibilities that the office manager performed (the office manager left in October and they have not replaced).  I had this written down on a comments sheet I added to my evaluation.  He proceeded to say, since you're new, you're getting 25 cent/hour raise!  Whoopdeedo!  I haven't gotten such a low raise since sometime in the '80's!  What about the fact that my job changed dramatically since I was originally hired?  Then he said, "I like to hire old people."  I didn't know where that was coming from (I said, "you mean experienced") because I am the youngest female in the office (mid-30's).  



I also found out inadvertently that the only MALE support staff member (a paralegal) received a $2/hour raise!  He had also taken on additional responsibilities of the office manager (bill collections and computer troubleshooting).  



Anyway...when I asked for a copy of my evaluation, he said no, that he has never done that nor will he.  I had also been promised a 60 day review when I was hired (along with a wage review if I proved myself).  That didn't happen.



As you can tell, I'm not happy.  I did get anything to sign in any case.  I have nothing in writing.



Thanks,



Sandy

[icebreakerpenguin]

I meant to say in the last line that I did NOT get anything in any case to sign.

[andrea843]

Then Sandy, this was not an evaluation.  If you didnt sign it, have input, weren't given goals to work towards, input and response to your work that was clearly stated and enumerated in some fashion, then it wasn't an evaluation it was a pep talk.



They can call it anything they want, but a performance evaluation to be a binding document (more about that in a sec) must be signed by the employee AND the manager responsible for the evaluation.



Your legal eagles are leaving a HUGE legal loophole in their HR policies and it's a very common scenario in law offices where the highest office professional abuses occur.



Let's play Andrea's famous let's suppose game.  Are ya ready boys and girls? I knew you were!  



Let's suppose that your "evaluation" had NOT been positive, let's say that you wear blue pants to work which is strictly against company policy. The policy is clearly laid out in your employee manual,and the manual calls for progressive discipline.  But you LIKE blue pants and wear them often.  Now it's evaluation time and attorney hydra states,,, "Ya know Pengy,,, blue pants arent getting it around here, they are against policy, thus, if you wear blue pants again, you'll be terminated."



You decide it's Tuesday and you want to wear blue pants.  You do so. You ARE Terminated by attorney hydra. You beat feet to the unemployment office and file for unemployement, where upon Attorney hydra responds that this was discussed during your evaluation and they are within their rights to take the action perceived as agreed upon.



Your reponse? Nuh un! Was not! Prove it. In fact Attorney hydra told me I COULD wear blue pants but only on Tuesday.! Without your signature, on a document, anything discussed is not binding as a term of your continued employemnt,, Sheesh you'd think an attorney would know better.



The moral of the story is:



With a signature, it's an evaluation, without one, It's just paper in the hydra files and means nothing.



and You're right to feel slighted over the raise, .25 an hour isn't a raise it's an insult. It's patronizing and says well we know we hve to give you something.... so here.  This "raise" does not imply regard for your work OR your worth in a highly complex competitive field.



Take your raise and uh oh,,, here it comes. Use it for postage.  Dust off that resume and investigate your options quietly.  Your employer has listened to your request and responded with the statement "I've never done that before and I'm not about to start".  How long can you realistically put up with that kind of I have all the power behavior? It's demeaning, says in effect, your needs don't count, EVEN when it comes to your own employee evaluation and "I don't care if you like it or not."



An employer, should be giving feedback during an evaluation, the employee should have the opprtunity to offer feedback too, and all of it should be a written history of your work performance.  You mentioned that you had taken on other duties, but Im betting there's no mention of that in Hydra's version of your so called "evaluation".



Ask yourself, too, what support would you have from your employer should you have a larger issue, say sexual harrassment? This man won't even do a decent evaluation do you really think he'd take the necessary action to protect YOUR other workplace rights?



My tuppence from Charleston.



Andrea

[icebreakerpenguin]

Yes, Andrea.  He's a hydra with a big "H"!  He's been out of the office yesterday and I plan to say something today.  I've already been looking for something else because I'm already guessing what the response will be.  I sure know how to pick them, don't I?  I can say that I didn't meet Mr. Wilson when I was hired, I was hired by the office manager, who is no longer with the company (she lasted a year and a half).  I have to fine-tune my interviewing skills so I can find more answers when I interview.  I don't ever want to make the same mistake again!  Thanks, again, Andrea.