Now the rest is up to you. Sorry, your blog cannot share posts by email. If however, after being brutally honest with yourself, you decide that the assessment is inaccurate, it may reveal that your boss is—either unintentionally or purposely—overlooking your accomplishments. Some employers have a certain procedure and a certain form that employees must use to respond to their Performance Reviews. And, yes, I have come to view them as something that an attorney can – and should – help employees with. That is why Margaret didn’t see it coming. Email is your friend. 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. In most cases, rebuttal is, at best, a waste of time. *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. . You will need this kind of letter to counter any unfounded allegations, request for a refund after the purchase of fake items and respond … Performance Review Coming Up? 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. That is to say, a robust Performance Review Rebuttal both addresses the past, and protects the future. Performance is not a feeling. If you have to produce a written response, then make sure it is written correctly and in the most effective manner. When Margaret met with her supervisor, as was the custom, Margaret was handed a copy of her annual review to read before the two discussed it. ], We offer a Model Memo entitled “Performance Review Rebuttal” that you can use as a model for your own efforts. ... 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. 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. You can (a) acknowledge that “I have received a copy of this Performance Review,” but also write in (b) “However, I do not agree with its contents, and plan to submit a rebuttal.”. The past five years or so has made me feel quite different. 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. Legal advice can only be rendered after formal retention of counsel, and must take into account the facts and circumstances of a particular case. The problem with refusing to sign a performance appraisal is that your refusal can introduce an adversarial tone to the appraisal discussion. Those in need of legal advice, counsel or representation should retain competent legal counsel licensed to practice law in their locale. Always be creative. Consider “affirmative defenses,” such as (a) periods of incapacity, (b) denial of necessary resources, (c) apparent sabotage, (d) harassment/hostility, and/or (e) a higher purpose, made it impossible. To write a rebuttal to a negative performance review, an employee should quote the erroneous sections of the review that need rebuttal. [performancereviews]. Performance reviews are part of being in the workplace, and sometimes, unfortunately, bad performance reviews happen to good people. Gather your thoughts into a Performance Review Rebuttal which is a respectful, reasoned and focused response. While you are writing, bear in mind that the goals of your efforts are to (1) correct the “record,” (2) to prevent any negative consequences from it, and (3) to show you are capable of protecting yourself. Be prepared to concede some mistakes. ” 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. 16. 2. 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. Afterwards, she walked straight over to Human Resources, and shared her feelings of upset, anger and betrayal. • Make notes of any questions you’d like to ask your manager at the next meeting. If you think there is any chance that you might “lose your cool,” you may need to claim a sudden “physical malady,” and calmly excuse yourself from the room. As she had each year before, Margaret received word she was to meet with her supervisor to go over her annual review. Although it is important to make a timely response, how to act and what to contest must be carefully thought through to be as effective as possible. If your goal is a severance package, you may want to review our many articles, Q&A’s and videos on our blogsite’s Resource Center. 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.”. 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. Take some time to reflect and calm down before you begin writing a rebuttal letter. Concentrate on the major issues you have already identified and stick to your prepared response. Unfortunately though, employers occasionally use these tools as part of their efforts to make sure they're getting the best out of … Do not get drawn into long discussions on minor issues but concede and brush them aside. 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 … 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. Your employee assistance program (EAP) can also provide guidance. Rob Hildegard has more than 25 years of ghostwriting experience. I’ve seen many instances in which supervisors have ignored the achievement of objective performance criteria because the achievements have been positive, and have reported, instead, more subjective alleged failures, incapable of being proven, such as “lack of pride in work,” “failure to lead effectively,” and “poor oversight of subordinates.” I always say to myself, “How could a person fail as an employee, as a leader and as a supervisor, and yet have his department achieve all of its assigned, objective criteria of success?” It is an important point to make if your assigned goals and specified objective criteria are being ignored. Even then, I expect you will now be better equipped to respond with respect, clarity,  focus, organization, effect, and confidence. Many times we see important circumstances not taken into account when performance is evaluated. 9. Always be persistent. As examples, “I feel faint; I must go home for my medicine,” or “I’m sorry, I must have eaten something spoiled at breakfast. Just one “poison arrow” can kill your credibility, obscure  your arguments, and turn your readers off. One should only set a follow-up meeting to work on negative performance issues when one is convinced that issues are legitimate. 14. © 2012 Alan L. Sklover, All Rights Reserved. .” but instead, “The review is mistaken when it says. 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. Seek Legal Counsel – Once you can prove your performance review was inaccurate, find legal counsel to help you understand your rights. If you have good reason to believe that your Reviewer let his or her “imperfections” come out in the form of improper motivations for giving you a negative Performance Review, now is the time and place to raise that concern. Never discuss the issue with your co-workers. Address possibly improper motivations, such as (a) personal animosity, (b) discrimination, or, worst of all, (c) retaliation for refusal to engage in impropriety or other acts of integrity. To obtain a copy, simply [click here.] Of course, they were not contacted. 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. And ask, too, for a response within a reasonable period of time, usually seven to ten working days. After you’ve reviewed the appraisal objectively, write a letter of appeal and build your case. Here is the correct performance review with a higher mark." Contesting a performance review is not just about the bad points. Of course, it is possible that your biggest issue is not listed above. 5. Always be proactive. The most salient points you can raise are probably above, for you to use and adapt to your own situation. Time and again, internal audits showed her division to be among the most efficient, profitable and growing in the company. I am also of the firm opinion that, if not addressed promptly and thoughtfully, a negative Performance Review can become a much greater problem, potentially leading to a lower bonus, diminished chances for advancement, loss of ability to transfer within the company, or even job loss. Make a list of all factual errors that exist in your Performance Review, provided they are not simple typos or otherwise without significance. Make Sure It is Best Possible One aspect of human imperfection lies in the motivations we sometimes have for doing things: at times they, too, are imperfect. 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. While your “target” is a matter of choice, how you send it is not. It is not a mental impression. 12 Ways to Enhance Yours, “Will submitting a Performance Review rebuttal backfire?”, 45 Rockefeller Plaza Ste. Instead, state that he has given you much to think about, and exit. . Margaret went silent, and barely spoke a word throughout the entire meeting. 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. To err is human and people who make themselves out to be perfect end up looking stupid. Nothing new in that; that is what happened each year. If allowing the employee to write a reply helps achieve that goal, it’s a good thing. But trivial criticisms are really a bonus, because if that was the worse criticism that could be made, then there is nothing seriously bad. Here’s how to manage your emotions and move forward. Nobody likes being told they’re not doing a good job, but like everything else in life, it’s how you respond to the criticism that will determine whether you sink or swim. Having others – especially influential others – vouch for your good performance can only help. Though it is a sensitive topic, if it helps keep you employed, or helps you get a better bonus, or even makes a transfer possible, it may just be worth the effort. Get a copy of your Performance Review, and read it over carefully. Take time to craft a non-emotional written response to the review, including factual examples that show why you believe the review is inaccurate. 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. For example, if your … Do not write “Bob lied when he wrote . And always do what you can to achieve for yourself, your family, and your career. Concentrate on serious criticisms that you are able to clearly refute or justify. Take all available steps to increase and secure employment “rewards” and eliminate or reduce employment “risks.” That’s what SkloverWorkingWisdom™ is all about. If at all possible, your Performance Review Rebuttal should be no more than two or three pages. 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. 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. Ask that your recipient(s) acknowledge receipt of your Performance Review Rebuttal by means of a reply email. Hildegard's writing preferences and specialties include health issues as they relate to men, legal issues and sports. 8. 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. No one is free from all forms and all degrees of prejudice. Ask your Reviewer, or HR, whether a Rebuttal requires any special form, procedure, or timing. This is a sample disagreement letter format to an employer by an employee for performance evaluation.The purpose of this online sample letter template is to familiarize you with the right format for this kind of a cover letter and get you the best example to make a beginning. No matter what, keep calm and courteous throughout your Performance Review meeting. Even if you believe “This is personal,” you must not permit your Rebuttal to make it appear that you are getting down to that level. Photocopy the performance appraisal to use as a working copy for your draft. Copyright 2021 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. To do so, just [click here. If your manager hasn’t provided specific examples to support general statements, make a Here’s how. Your objective is to strike on the most important issues and concede on the lesser ones. If somebody makes an general affirmation, ask for clarification, details or examples. If you are invited to participate in a meeting, then be prepared. 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. Always be vigilant. Avoid the use of personal invective and criticisms. 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. Compare your previous years' performance appraisals to the current one, and review all performance-related materials in your employment file. It's best not to vent these feelings immediately or argue with the supervisor. On top of that, 69% of employees said they weren’t given specific examples to … Yes, I have come to view Performance Reviews as sources of significant problems in the workplace. “By the time you get a review that you … Model Memo: To Enhance Your Upcoming Performance Review If you have any documentation that could back up your point of view, then prepare an appropriate summary. Are your achievement of assigned goals or specified success criteria being ignored in your Performance Review? The next review period I was told I would be fired in 60 days if my "issues" did not improve. 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. 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. • Become a Member (10% OFF) Surely, this circumstance would suggest that your similar concern has a greater likelihood of being found to be correct, and therefore believed, too. 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. 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. 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. If your employer doesn't have an appeals form, prepare your draft in letter form or search online for an example appeals form. Some people get angry and loud – or even threatening – when they are dishonestly or unfairly criticized. To obtain a copy, simply [click here.]. Make your points clearly and as ever stick to the big issues and ignore the minor ones. They are based in common sense, and are just as much a defense as is “I did not do the act.”, In the Performance Review context, certain “affirmative defenses” exist, too. 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. Here are ten things never, ever to say during your performance review meeting! • Media Inquiries 10. 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. Keep your words and phrases impersonal and professional. Don’t do it. Unfair Disciplinary Action It is also important that the appraisal or disciplinary action be unfair. Get a copy of your Performance Review, and read it over carefully. 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. Ponder who you may find to be a Supportive Colleague, a Pleased Customer, or a Happy Higher-Up. 4. 7. Be sure to include specific examples of where you excelled. 12. If the review is accurate, use it as an opportunity to figure out ways to improve your performance. She was told there was nothing she could do. His credits include hard backed books and numerous academic articles. Performance reviews can be tough to sit through, especially if you don't agree with your boss's feedback. Are Performance Reviews ever modified as a result? If you want to ventilate your frustration or anger, then do it with somebody outside the organization. Your boss could really use some coaching or training in this area. Today, I find that issues of Performance Reviews, and their “cousins,” Performance Improvement Plans, to be among the top reasons people contact me, or review my blogsite. Problematic Performance Reviews arrive in your email mailbox when you least expect them. 3. 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. Nobody likes receiving a negative performance review, but an incorrect or inappropriate response could make the situation worse. If a certain form is required, do not limit yourself to it. But not if you're New York teacher Sheri Lederman . That said, you never have to say or write that you agree with the substantive contents of your Performance Review. • Receive our Posts (RSS Feed) If many others view your performance as positive, maybe your Reviewer does, in fact, have it wrong. During the past year, Margaret’s division did not prosper, due to the economy, but it did not suffer, either. 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. Step #7: Plan For Your Next Review. An unfair performance evaluation is stressful to deal with. 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. 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. If asked to do so, you must acknowledge receiving your Performance Review, but you do not need to say you agree with it. 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." 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. I also wrote a rebuttal and provided witnesses to contact. 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. 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? “The only perfect person 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. • Alan L. Sklover’s Blog. Always use email at work to transmit important communications, including this one. One Empowered and Productive Employee at a Time ™. These 16 Effective Steps to a Robust Rebuttal to a problematic Performance Review together constitute a mindful and proper response. You may want (i) a correction, (ii) your Rebuttal attached, (iii) a whole new Review, (iv) a different boss by means of a transfer, or (v) perhaps a severance package, or 100 other different things. It's not just a case of correct spelling and grammar; you must write in an effective style. Please do not say to yourself, or write “I am a woman,” or “I am a Jew,” or “I am an older person,” and for this reason, alone, my Performance Reviewer must have been prejudiced in my review. An unfair performance review can leave you fuming, fearing for your job, or both. And please do not say or write “I am not a buddy of the Reviewer, so she must have been targeting me as part of animosity.” And just because you reported wrongdoing, that – alone – does not mean that your Performance Review is an act of retaliation. • Recommend to your Friends It is absolutely essential that you don’t make a bad situation worse. The individual should keep a positive tone throughout the letter and express optimism regarding the resolution of the matter. 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. 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. Year in and year out, Margaret’s performance reviews were either “exceeds expectations” or “meets all expectations.” What’s more, Margaret had received significant bonuses, promotions and awards for her good work. A rebuttal letter is a formally written communique that expresses the ideas, arguments, and the terms of a rebuttal. What really bugs me this goes against some very basic principles of performance evaluation. [Image: L’effet du mélodrame via Wikimedia Commons ] 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. 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. Nobody likes to be on the receiving end of a poor performance review or disciplinary action at work. How to Write a Rebuttal Letter to Your Employer. 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. It is a common practice among most employers to provide employees with  copies of their Performance Reviews at the end of such meetings. is a perfect idiot.”. A rebuttal will likely gain you nothing. You might ask around about such things, but if you do so, do it discreetly. Don't use the letter to take issues with issues not directly related to your performance review or make suggestions. Some forms only permit a certain number of words, or require only that certain boxes be checked off. Additionally, refusing to allow an employee rebuttal sends the message that the company isn’t open to employee feedback. 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. The letter must be factual and display minimal emotion. When employees get an unfair performance appraisal, typically their only choices are to accept the blot on their work record or find a new job. Be honest about where you need to improve, and request the next steps. 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. These days, and henceforth, those facing a problematic Performance Review have no real choice but to submit an effective Performance Review Rebuttal. “What to Say / How to Say It.™” Just [click here. 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. Listen to what your boss has to say: Always make it a point to listen to what your boss has to tell.