Performance reviews are supposed to help employees improve at their jobs. However, they can sometimes contain misleading or inaccurate information. If a clearly false review of your performance leads to negative outcomes, such as being fired, it may justify legal action.
Employees are legally protected
Oregon is an “at will” employment state, meaning your employer can fire you with or without cause, and you can leave your job anytime. However, there are exceptions.
Under the anti-discrimination laws, employers cannot fire employees based on race, religion, gender, age, disability or other protected characteristics. If you believe your false review is discrimination-related, you may have a legal claim.
It is also illegal for employers to retaliate when employees complain about discrimination or unfair treatment. This means they cannot demote or terminate you after you challenge a false review.
Taking appropriate action is key
Document everything, including a copy of your performance review and any emails or written communication contradicting the review. Are there records of your achievements and witness statements that can support your work performance? Those can help too.
Then, meet with your manager to discuss your concerns calmly and professionally. Focus on specific examples of inaccuracies in the review and ask for clarification. Most companies have internal processes to address such disputes, which can involve submitting a written appeal to the Human Resources Department.
If internal attempts fail and false reviews result in a wrongful termination, you might need to consider legal action. You might be eligible for potential damages such as lost wages and benefits, which can be essential as you look for opportunities where your rights remain protected at all times.