Can a company use specific criteria to decide on write-ups, firings and raises that they don’t use on all people in the same job/department?

The call center I work in recently started to use MindShare. It allows each customer to rate a customer service rep’s performance in several areas after each call. A badly rated call is emailed to management and usually results in the CSR being written up. The combined score of all of the surveys over a month is assessed. You could be written up, put on probation or fired if your numbers are low. BUT many CSRs aren’t in the MindShare survey database. About 30% of CSRs are not being surveyed in any way–never have. Supervisors say it’s wrong but nothing has changed. Do I need a lawyer?

Asked on July 4, 2009 under Employment Labor Law, Georgia

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless you have a written employment contract, or the employer has a written employee handbook that talks about this in a way that can be made contractually binding on the employer (and this is very rare), you are an employee at will, and there isn't anything you can do about this.

The exception to that would be if some sort of illegal discrimination is at work in select who is surveyed and who is not.  If you think there is some pattern of discrimination here, such as the 30% not being surveyed are all the youngest white males or something like that, you should talk to an employment discrimination attorney.


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