When an employee does their job well, they expect that they will be given a positive performance review and perhaps an increase in salary too. If an employee receives an inaccurate performance review, it can have significant consequences, including termination.
Impact to the employee
There are several negative effects of an inaccurate performance review. The employee may no longer feel that their work is appreciated or valued, leading them to become less engaged at work and it may affect the job outlooks of their coworkers as well. They may worry about their income and job security.
It can also prevent them from moving forward in their career within the organization or outside of it, especially if a future employee requests a reference from the supervisor who gave the review. Often, it leads to a lack of trust, no loyalty to the company, and a ruined reputation for the employer.
Wrongful termination
If the employee is terminated based on an inaccurate performance review, there can be legal consequences for the employer. The employee may bring an action against their employer for wrongful termination. If the employee is successful, they may be entitled to backpay and reinstatement to their position.
If the termination was based on discrimination, harassment or retaliation the employee may also want to file a complaint with the Equal Employment Opportunity Commission.
It’s helpful for the employee to retain all relevant documents, including letters, emails, and a copy of the inaccurate performance review. The employee can also request a copy of their personnel file which may have more information about their employment history.
There is help available to bring a wrongful termination action.