What can I do about an unfair method of evaluating employee performance?

I work for a large pharmaceutical company which uses a forced distribution method of evaluating employee performance. This method forces managers to put employees in a lower category even though there is no reason for it. My boss even told me that she doesn’t agree with the system and I shouldn’t have been put in the lower category. I compete with other supervisors who have direct responsibilities in the lab. I am in a support role in the lab and was told

that even though my job is important, it isn’t as complex as a lab supervisor

job, which I believe doesn’t put me on a fair playing field. Do I have a case?

Asked on March 11, 2016 under Employment Labor Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unfotunately, you may have no legal recourse here. The fact is that most employment relationships are known as "at will", meaning that a company can set the terms and conditions of employment much as it sees fit or deems appropriate. This includes how to evaluate an employee's performance. The above holds true unless such action violates a union agreement, employment contract or company policy. Also, an employee's treatment must not constiuttue some form of legally actionale discrimination. 


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