Can my employer change evaluation criteria for annual reviews without notifying employees until after the review period is over and review materials have been collected?

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Can my employer change evaluation criteria for annual reviews without notifying employees until after the review period is over and review materials have been collected?

At a meeting about results from our annual reviews that are used to determine pay
raises, I was notified that the evaluation criteria for productivity was combined
with another area that was weighted more heavily in the evaluation. This lowered
my rating by two levels in that other area which had a significant impact on my
raise because of the lowered score and the lower score was a higher percentage of
my total. Had I know about this change, I would have made different choices
about my work load, schedule, and training in new responsibilities. Can they
make this change without notification?

Asked on March 8, 2018 under Employment Labor Law, North Dakota

Answers:

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

Answered 3 years ago | Contributor

Unless this change violates the terms of an employment contract or union agreement, it is legal. The fact is that most work relationships are "at will" which means that a company can set the conditions of employment much as it sees fit (absent some form of actionable disceimination).

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

Answered 3 years ago | Contributor

Unless this change violates the terms of an employment contract or union agreement, it is legal. The fact is that most work relationships are "at will" which means that a company can set the conditions of employment much as it sees fit (absent some form of actionable disceimination).


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