Can an employer discuss a review of mine with anyone, and once a review is signed and dated by both parties, can the employer then revise it?

Asked on January 25, 2013 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1) Yes, you employer may discuss your review with anyone it chooses, unless it signed some confidentiality or similar agreement  restricting its right to do so. There is nothing confidential about reviews in the absence of a contractual obligation to keep them confidential.

2) The employer may add to or revise to your review at will, even after it is signed, so long as it is clear what was added after your signature; you cannot be held to have agreed to anything in your review (or any document) added after you signed it.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

One's employer can discuss the contents of an employee's performance review with anyone under the laws of all states in this country since the information is something that the employer owns. Many reviews are discussed with an employer's supervisor by the employer.

As to revising the review after it is signed and dated by the employee, such can be done but the changes are not binding per se upon the employee since they were added after the fact.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.