Employee Evaluation Rights


Employers conduct employee evaluations to ensure the employee is performing his job accurately, and if not what areas the employee needs to improve in and how. When being evaluated, and employee has rights, such as disputing the evaluation if he feels it is inaccurate. The employee has the right to privacy, and his evaluation should not be shared with other co-workers or unauthorized employees by the employer.

Privacy Rights

  • An employee has the right to have his or her evaluation be confidential. During most employee evaluations, only the employer, manager or supervisor will be present. In some cases, a manager and supervisor or a human resource department representative may be present during the employee evaluation. Those employees who feel that their privacy or confidentiality was compromised, should contact a supervisor or other authority figure within the company.

Evaluation Timetable

  • Some employees receive a raise or wage increase based on their performance evaluation. As a result, an employee has the right to assure she is evaluated within a regular timetable. Most evaluations are done annually or bi-annually on either a specific date for the company as a whole or on the date that the employee first started. If an employee knows her evaluation is due, she has the right to make sure the employer sticks to the timetable. If an employer does not have the evaluation within the specified time frame, some employers will go back and pay the employee his raise retroactively from the date the raise should have taken place.


  • An employer can not base an employee's performance evaluation on factors or situations that occurred in a previous evaluation. An employer can advise the employee if the same performance issues occurred during the current evaluation period, or if the employee improved her performance for that evaluation period. The focus of the employee evaluation is to rate the job performance, not the individual. For instance, an employee's religion has nothing to do with if she properly or improperly entered accounting invoices, and should not be listed on the employee's evaluation. An evaluation should not be based on one incident that an employee was a part of during the evaluation period, but instead on her performance for the entire evaluation period as a whole.


  • An employee has the right to obtain a copy of his evaluation. An evaluation generally has to be signed by both the employee and the employer who conducted the evaluation. This gives the employee the right to look through any documentation given by the employer, such as performance praises or email messages commended the employee on a job well done. If an employee is terminated due to a poor evaluation, but has documented proof that he did a great job leading up to the evaluation, the employee may take the termination matter to court, along with the documented proof he may have.

Feedback Or Advice

  • An employee has the right to request feedback when given criticism for her job performance. An employer can not state an employee is not a good worker, but not explain how she came to this conclusion. The employee has the right to ask for advice on how she can improve on the job. An employee may also ask for proof of any mistakes that an employer is accusing her of having made during the evaluation period.


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