Employee Evaluation Rights
Employers conduct employee evaluations to ensure the employee is performing his job accurately, and if not, identify areas in which the employee needs to improve. When being evaluated, and employee has rights, such as disputing the evaluation if he feels it is inaccurate. The employee also has the right to privacy, as his evaluation should not be shared with other co-workers or unauthorized employees.
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Privacy Rights
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An employee has the right to have his or her evaluation be confidential. During most employee evaluations, only the manager or supervisor is present. In some cases, a manager and supervisor or a human resource department representative may be present. Those employees who feel that their privacy or confidentiality is compromised should contact a supervisor or human resources department.
Evaluation Timetable
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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 on 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, the employee has the right to ask if the employer will go back and pay the employee her raise retroactively from the date the raise should have taken place.
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Factors
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A supervisor cannot base an employee's performance evaluation on factors or situations that occurred in a previous evaluation. An supervisor 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. An evaluation should also not be based on one incident during the evaluation period, but instead on her performance for the entire evaluation period as a whole.
Documentation
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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 supervisor who conducted the evaluation. This gives the employee the right to look through any other documentation provided by the supervisor, such as 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.
Feedback Or Advice
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An employee has the right to request feedback when given criticism for her job performance. A supervisor 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 a supervisor is noting as occurring during the evaluation period.
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