Should I sign a performance evaluation?
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Should I sign a performance evaluation?
I work for a NYC agency for 1 1/2 years. After 1 year, I received a raise and was always praised as one of the highest performers by my superiors. Now meantime, Ive been bullied by the secretary who’s status is lower than mine. However, none the less I have been harrassed by this co-worker. I’ve reported the incident to my supervisors twice. Everytime I complained, the
supervisor would speak to this coworker and she would stop but then gradually start again with the bullying. This past month, she openly verbally harassed me, phyiscally harrassed me and cursed at me, in front of everyone. My supervisor reported the incident to EEO, as I did the same, as well. The supervisor informed me when I told him my side of the story being that he was out of the office that day, that I am provisional and although I am paying union dues, that I am not entitled to a union rep. I know EEO has turned the case over to Disciplinary and they’re investigating us all. Now I have just received my first annual performance review. Under the section of
Asked on September 7, 2017 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Do you have a written employment contract (including a union agreeenent--though you apparently do not) for a definite or defined term which is still in force (i.e. unexpired)? If not, then you are an "employee at will" and have essentially no rights at work or to your job. Your employer may take any action it wants against you (up to and including termination) regardless of whether or not you sign the review; in that sense, whether or not you sign is irrelevant, and so you may as well sign, to keep your employer happy (or at least happier than if you did not sign).
Generally, signing such a review is considered acknowledgement that you read and reviewed it, not that you agreed with it, by the way.
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