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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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. 

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 AttorneyPages.com 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.

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