One Empowered and Productive Employee at a Time ™. When a defendant is alleged to have committed a bad act in a lawsuit, the defendant usually says, in effect, “I did not do that.” However, the defendant can also say, “I admit that I did that, BUT because of something else, it was NOT WRONG to do so.” That is called an “affirmative defense.”, Here are a few examples: Incapacity: “Yes, Tax Auditor, I failed to file my taxes on time three months ago, but I was in a coma at the time.” Coercion: “Yes, Officer, I did take the jewelry from the store, but a kidnapper had my child and said that if I did not do it, he would kill the child.” Higher Purpose: “Yes, Your Honor, I was traveling faster than the speed limit, but at the time I was bringing a seriously burned firefighter to the nearest hospital, and it was necessary to save his life.”, These and other “affirmative defenses” admit the wrongful act, but still argue against liability for doing the wrongful act. If this is not the customary practice of your employer, in an email ask your supervisor and/or your Human Resources for a copy, and ask that it be sent to you by email. Be sure to include specific examples of where you excelled. Consider what  else may be wrongly ignored and missing from your Performance Review, such as (a) no prior notice of problems, (b) absence due to maternity, illness, personal leave, etc., (c) relative performance, and/or (d) directed diversions of your time and attention. If you are invited to participate in a meeting, then be prepared. Such Performance Review Rebuttals should be addressed to a Senior Manager – not HR – and should address and correct (a) false information, (b) things taken out of context, (c) minor items blown out of proportion, and (d) improper motivations, such as retaliation, discrimination or fraudulent cost-cutting. Time and again, internal audits showed her division to be among the most efficient, profitable and growing in the company. For example, on the one hand, a sales achievement of 135% of goal, and on the other hand, “failed to meet sales goal” are simply not both possible. That is to say, a robust Performance Review Rebuttal both addresses the past, and protects the future. When you receive an unfair work evaluation, you'll likely be angry or hurt. ” Try not to use the words “he, she, they, us, or them.” Instead, use the words “the Review,” or “the Reviewer.” Keep it cool, calm and professional; no personal invective, even if it is warranted. Worse still, far worse: she did not know where it was headed. • Make notes of any questions you’d like to ask your manager at the next meeting. Nobody likes receiving a negative performance review, but an incorrect or inappropriate response could make the situation worse. The past five years or so has made me feel quite different. Sorry, your blog cannot share posts by email. If many others view your performance as positive, maybe your Reviewer does, in fact, have it wrong. 14. As she had each year before, Margaret received word she was to meet with her supervisor to go over her annual review. Always use email at work to transmit important communications, including this one. An unfair performance evaluation is stressful to deal with. Your employee assistance program (EAP) can also provide guidance. Be honest about where you need to improve, and request the next steps. Learn rebuttal process– Ask HR to walk you through the performance review rebuttal process – so you know how your company allows you to defend yourself. Then transmit your Performance Review Rebuttal  to your best “target,” usually either one or more of (i) your Reviewer, (ii) his/her manager, and (iii) your Human Resources Representative. Sample Rebuttal Letter for Performance Review Being on the receiving end of a disappointing performance review is never easy, especially if you thought your work did not require improvement. The problem with refusing to sign a performance appraisal is that your refusal can introduce an adversarial tone to the appraisal discussion. 3 z Responding to a Disappointing Performance Review limiting defensiveness. If you have to produce a written response, then make sure it is written correctly and in the most effective manner. How to Write a Rebuttal Letter to Your Employer. After you’ve reviewed the appraisal objectively, write a letter of appeal and build your case. Margaret went silent, and barely spoke a word throughout the entire meeting. We also guarantee that this approach – respectful, reasoned, focused, hitting the important points, and being clear about what you believe needs to be done to correct the problem – is the best approach there is. You might ask around about such things, but if you do so, do it discreetly. LESSON TO LEARN: In the first 25 or so of my 30+ years of working with employees, I shared the commonly held view that Performance Reviews were “no big deal,” that they were not usually cause for concern, and that they surely were not anything an attorney was involved with. SkloverWorkingWisdom™ emphasizes smart negotiating – and navigating – for yourself at work. On top of that, 69% of employees said they weren’t given specific examples to … 8. In an email, ask HR (a) if a certain procedure or form is required, (b) if so, where can you get a written description of that procedure or form, and (c) if there is a deadline to your filing your response. That can only make things worse, and can even get you immediately fired for bad conduct, which is the worst thing that could possibly happen. If the negative job appraisal is true, such as the employee’s sales figures have fallen in the past 12 months, or the employee has systematically broken office rules, there is no point in sending a rebuttal … If a certain form is required, do not limit yourself to it. Ponder who that may be, and consider asking them for a simple email expressing their satisfaction, if not joy, with the results of your work. Chances are that you did not read your Performance Review carefully at your meeting, and don’t have a clear recollection of what you did read. Email makes a clear record of (a) what was said, (b) who said it, (c) to whom, and (d) when it was said. Ask that your recipient(s) acknowledge receipt of your Performance Review Rebuttal by means of a reply email. 3. If you have previously been assigned objective goals or achievement criteria – such as seeing at least 18 patients per day, or perhaps lowering your department’s overhead by 7.5% – are you being measured against those objective criteria? To do so, just [click here. Hildegard's writing preferences and specialties include health issues as they relate to men, legal issues and sports. Remember that many supervisors will always include a number of negative elements; company policy may even dictate this. Another reason that Margaret didn’t see it coming. *A note about our Actual Case Histories: In order to preserve client confidences, and protect client identities, we alter certain facts, including the name, age, gender, position, date, geographical location, and industry of our clients. It may be that potential appraisals have been overlooked, so you should stick to the major points and concentrate on issues that can be demonstrated. For example, if your sales for the year were 2% under goal, and your Performance Review says they were 20% below goal, that is surely significant. © 2012 Alan L. Sklover, All Rights Reserved. Contesting a performance review is not just about the bad points. “The only perfect person 11/16/2015 Generally, the value of a rebuttal to a performance review that you received and that you disagree with is very limited, and it usually will not make much of a difference. “By the time you get a review that you … That said, I am of the view that “for every problem there is a solution.” I strongly suggest that every employee who believes that his or her Performance Review is incorrect, improper or otherwise “corrupted” should respond in an appropriate and effective way. General Tips for Crafting a Rebuttal Letter. • Recommend to your Friends Performance is not a feeling. If you are unhappy about approaching your supervisor to find out the correct route to take, or if your direct supervisor was responsible for the bad report, then approach the human resources department for help. In February of each year, Margaret’s company disseminated annual performance reviews. These 16 Effective Steps to a Robust Rebuttal to a problematic Performance Review together constitute a mindful and proper response. ... 4 Gather evidence to support your rebuttal Collect statistics that demonstrate your strong performance if you've received an unfair review If your performance has. New York Times: Bad Review? 9. To obtain a copy, simply [click here.]. • Media Inquiries Its goals need to be: (1) to make a correct and true record of your performance; (2) to ensure that negative consequences do not follow, whether a Performance Improvement Plan, a reduced bonus or even job loss; and (3) to show the Reviewer and others that the employee is capable and prepared to defend his or her performance record, and hence his or her career and your family. In a 2013 poll of U.S. employees, 53% of respondents said their review was not a fair, accurate representation of their performance, and 65% said they were surprised by review feedback they got. Consider whether others have faced or reported similar problems with your Reviewer. Some employers have a certain procedure and a certain form that employees must use to respond to their Performance Reviews. Above all, keep calm, but be persistent. If your employer doesn't have an appeals form, prepare your draft in letter form or search online for an example appeals form. Unfortunately though, employers occasionally use these tools as part of their efforts to make sure they're getting the best out of … Seek Legal Counsel – Once you can prove your performance review was inaccurate, find legal counsel to help you understand your rights. . While your “target” is a matter of choice, how you send it is not. WHAT YOU CAN DO: Here are 16 Steps to a Robust Rebuttal to a Performance Review that is  inaccurate, misleading, wrong, unfair, dishonest or otherwise problematic: 1. It is not a mental impression. 4. She was told performance reviews are “not negotiable.” She was told that perhaps she should consider whether her job was really the right fit for her. You may want to move forward as soon as possible if, as is common, your bonus for the year will soon be based on your annual performance rating. For example, “Yes, I did not attend four client meetings out of the seven that took place, BUT I was in the hospital during each of the four meetings due to my heart condition.” Here is another “affirmative defense”: “Yes, my group did not make enough bricks to build the pyramid, BUT we were not given the straw to make the bricks.” A third one is “Yes, we did not make the required revenue target last year, BUT that is because our CEO forgot to provide the necessary approvals to close the deals necessary to make those targets.” Yet another: “Yes, we did not meet with the important client, and that upset him, BUT he repeatedly tried to molest a member of our team, and our reports of this to HR went unheeded; for safety reasons, we could not meet with him.”. Do not write “Bob lied when he wrote . • Receive our Posts (RSS Feed) Nobody likes to be on the receiving end of a poor performance review or disciplinary action at work. Negative performance reviews are a big disappointment not only for the employee but also the reviewer When writing a rebuttal to a performance review. Whether you decide to change companies or are motivated to continue in your current role, performance review time will come again and O’Sullivan advises that you be read. Those in need of legal advice, counsel or representation should retain competent legal counsel licensed to practice law in their locale. Here are ten things never, ever to say during your performance review meeting! A rebuttal will likely gain you nothing. One should only set a follow-up meeting to work on negative performance issues when one is convinced that issues are legitimate. A rebuttal should be limited to a single page, include examples of how you helped your company reach its goals, and include complimentary comments from co-workers, says Joanne Cini, author of "Kingmaker: Be the One Your Company Wants to Keep ... on Your Terms." 6. If you have carefully considered the steps outlined above, putting together an effective Performance Review Rebuttal should be an easier task than you might have imagined. 11. The four matters mentioned above – (a) your not receiving any prior notice of dissatisfaction or inadequacy all year long, (b) your being out for a good part of the year due to approved reasons, (c) your or your department’s performance being better than other departments or other company’s, and (d) your time and attention being diverted to other projects by management – are the four most commonly seen. For example, Bad performance review rebuttal keyword after analyzing the system lists the list of keywords related and the list of Bad performance review rebuttal examples. Here’s how. If allowing the employee to write a reply helps achieve that goal, it’s a good thing. The following question is commonly asked of me: “Must I acknowledge receipt of my Performance Review?” The answer is, “If you are asked to do so, yes, you must.” Otherwise, it could be deemed a refusal to cooperate with company procedures, which is a kind of insubordination, for which you could be fired. 12. Some people get angry and loud – or even threatening – when they are dishonestly or unfairly criticized. That’s quite personal to you. Now the rest is up to you. 13. If your required rebuttal form is “restrictive” in this way or others, just ignore it, and do what you think is your best job in rebutting. Note, too, that “getting even” is not one of your goals. But not if you're New York teacher Sheri Lederman . • Terms & Conditions If you get an unfair work review, Gone is the time that an employee who receives a negative Performance Review can when an employee files a rebuttal to a Performance Review. On the other hand, if your sales for the quarter were $2,000,002, and your Performance Review says “2 million,” that is simply not significant. Some forms only permit a certain number of words, or require only that certain boxes be checked off. Highlighting the good things ahead of type is a great way to influence the manager's opinion, but the article is really about handling an unfair or negative performance review. Of course, it is possible that your biggest issue is not listed above. 16. Here’s how to manage your emotions and move forward. [performancereviews]. I assure you that your manager or his higher management will not come to you and say "Oh, you are right; we are wrong. But trivial criticisms are really a bonus, because if that was the worse criticism that could be made, then there is nothing seriously bad. Speak Up Carefully, Performance Management and Appraisal Help Center: 7 Tips to Deal With a Bad Performance Review, Florida Education Association: Example of a Formal Rebuttal Procedure and Advice. She was told there was nothing she could do. I am afraid I must go to the ladies’ room, and then home.” Such a “physical malady” is always an acceptable ticket out of a difficult, stressful situation, and is not capable of mischaracterization as “walked out of the meeting,” which would be quite negative for you. Watch, in particular, for telltale words; for example, a supervisor continually referring to women as “girls” or to female parts of the body  would likely convince many people that there may be present either gender discrimination or sexual harassment at work. Some companies may not have such highly detailed policy, but in any organization where performance reviews exist, there will be at minimum a conventional procedure for contesting them. 7. Be prepared to concede some mistakes. Unfair Disciplinary Action It is also important that the appraisal or disciplinary action be unfair. Take some time to reflect and calm down before you begin writing a rebuttal letter. If asked to do so, you must acknowledge receiving your Performance Review, but you do not need to say you agree with it. That is because they are sometimes “corrupted” by (a) false information, making them potentially fraudulent, (b) improper motivations, such as discrimination or harassment, (c) damaging to professional reputations, and (d) in my humble opinion, increasingly being used to deny employees what they have earned, the protections supposedly afforded them by company policies, or even their jobs. And she had not received any negative reports, comments or complaints. Take all available steps to increase and secure employment “rewards” and eliminate or reduce employment “risks.” That’s what SkloverWorkingWisdom™ is all about. It is just a fact that no one – even supervisors – is perfect. The next review period I was told I would be fired in 60 days if my "issues" did not improve. And always do what you can to achieve for yourself, your family, and your career. ], Repairing the World – Email is your friend. Problematic Performance Reviews arrive in your email mailbox when you least expect them. When she saw her overall evaluation to be “Partially Meets Expectations,” her first thought was “They must have given me someone else’s performance review by mistake.” No such luck; it was hers, and it was brutal. Even then, I expect you will now be better equipped to respond with respect, clarity,  focus, organization, effect, and confidence. Always be vigilant. It is absolutely essential that you don’t make a bad situation worse. Remember that if you contest every issue in the review, you are insinuating that the reviewer is incompetent, which could lead to a head-to-head confrontation; you should be aiming to politely point out a couple of mistakes. Negotiation of work and career issues requires that you think “out of the box,” and build value and avoid risks at every point in your career. Copyright 2021 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Keep your words and phrases impersonal and professional. Do not get drawn into long discussions on minor issues but concede and brush them aside. These days, and henceforth, those facing a problematic Performance Review have no real choice but to submit an effective Performance Review Rebuttal. Institutional organizations usually have a highly detailed procedure; study it carefully and follow it through to the letter. Avoid the use of personal invective and criticisms. That said, you never have to say or write that you agree with the substantive contents of your Performance Review. 10. As examples, “I feel faint; I must go home for my medicine,” or “I’m sorry, I must have eaten something spoiled at breakfast. Your objective is to strike on the most important issues and concede on the lesser ones. Step #7: Plan For Your Next Review. Surely something is in error, as the two statements have no rational connection. It should be a reasoned approach, leading the reader to view you to be respectful, rational and reasonable, and for those reasons, come away from reading your rebuttal convinced that “Surely, something is amiss.”. Unfair performance review - what to do about it? She was told perhaps she should consider looking “elsewhere.”. Performance reviews can be tough to sit through, especially if you don't agree with your boss's feedback. How to Write a Rebuttal to Unfair Performance Review. The first is important for the present; the second and third are important for the future. Gather your thoughts into a Performance Review Rebuttal which is a respectful, reasoned and focused response. To write a rebuttal to a negative performance review, an employee should quote the erroneous sections of the review that need rebuttal. Ponder who you may find to be a Supportive Colleague, a Pleased Customer, or a Happy Higher-Up. If you are not an experienced or confident writer, then seek help from somebody outside the organization, preferably somebody with direct experience of performance review procedures. Click to email this to a friend (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on WhatsApp (Opens in new window), Performance Review Approaching? If You Disagree, Say So. It is not “touchy-feely,” but rather “cold, hard reality.” If your performance review is loaded with mental impressions, feelings, emotions and/or other subjective statements, these should be raised in any Rebuttal you prepare. Alan L. Sklover, Employment Attorney and Career Strategist for over 35 years. Make a list of comments based on “extreme subjectivity.” I can’t count the number of times clients have reported statements in their Performance Reviews like this one: “Failed to make me feel comfortable in her abilities,” or “Needs to make himself more visible.” Or how about this doozy: “His work does not please me.” None of these can be proven, or disproven, and all  are potentially either (a) made up (that is, falsified), (b) mental impressions without basis in reality, or (c) entirely capable of being based in personal animosity, discrimination or other improper motive. Gone is the time that an employee who receives a negative Performance Review can simply say, “Oh, well, I will just try harder next year.” That time is long gone. Compare your previous years' performance appraisals to the current one, and review all performance-related materials in your employment file. Take time to craft a non-emotional written response to the review, including factual examples that show why you believe the review is inaccurate. As requested Margaret signed her name at the bottom of the last page. ACTUAL “CASE HISTORIES”: For nine years, Margaret, was universally considered a top performer in her position as Vice President of Vacation Residences for a diversified real estate company. It's not just a case of correct spelling and grammar; you must write in an effective style. For example, if your sales total for one quarter was 2% under goal, and on this basis your Performance Review states that you failed to maintain client relations properly, the two just don’t make sense. When you receive it, read it over carefully, perhaps twice, and make a list of (a) things in it that are in error, (b) reasoning or logic that is in error, (c) things that should be in it but are missing, (d) grossly subjective statements, and (e) all the other reasons it is unfair, dishonest and improperly motivated. If your manager hasn’t provided specific examples to support general statements, make a There are, of course, many, many others. Chances are that you did not read … If somebody makes an general affirmation, ask for clarification, details or examples. Your boss could really use some coaching or training in this area. Please Note: This Newsletter is not legal advice, but only an effort to provide generalized information about important topics related to employment and the law. Inconsistent statements suggest that your Reviewer either didn’t devote sufficient time and focus to preparing your Performance Review, or he or she is trying to force a conclusion out of facts that don’t lead to it. While nothing can be guaranteed as to the result of your efforts, what is guaranteed is that learning how to stand up for yourself – and thus for your career and your family – is what you need to do in the modern world of working. Job Security and Career Success now depend on knowing how to navigate and negotiate to gain the most for your skills, time and efforts.