If my manager gives me an annual review filled with lies do I have any recourse?

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If my manager gives me an annual review filled with lies do I have any recourse?

I am an instructor at a college, my student evaluations are excellent and I have received praise from management throughout the year. I was asked to send an e-mail listing my accomplishments. However, I also included a few things that I attempted to complete but could not because my manager didn’t follow through. When he read this e-mail he wrote a horrible evaluation filled with lies in retaliation for calling him out.

Asked on February 18, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

To whom has he sent this email or the evaluation? If he sent it only to you, you probably do not have any recourse--the law does not prohibit person A from insulting person B, or saying lies about B directly to B, etc.

On the other hand, if an email, evaluation, memo, etc. which contains factual mistatements about you, which mistatements damage your repuation, was sent to other people as well, thay may be defamation and you may have a legal claim or cause of action. And if a defamatory document was sent to supervisors, deans, etc. (people with power over your career) in an attempt to damage your career or cause you to be fired, that could give rise to another cause of action, as well--such as for tortious interference with  a contract (the employment relationship) or with prospective economic advantage (damaging your chance of promotions, tenure, etc.). So if this email or evaluation has been sent to other people, you may have grounds for a lawsuit and should consult in detail about the situation with an attorney.


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