If you are a federal employee who received a bad performance review, you may feel lost with nowhere to go for help. Performance reviews are important to federal employees. They often dictate career growth and can be considered in decisions on promotions, transfers, or awards.
If you receive a bad performance review, we can help.
What can I do if I get a bad performance rating?
If you receive a bad performance rating, you have options.
Federal employees often have the right to grieve a bad performance review. This means that you would file a written appeal, oftentimes to your rater’s supervisor, about the reasons the evaluation is unfair. The person deciding the grievance can either affirm the rating or change the rating based on your written submission.
If you believe you were rated unfairly because of discrimination based on your age, race, national origin, gender, disability, or religion, you have the right to file an EEO complaint. Similarly, if you believe you received a bad performance review because you engaged in protected activity, you can file a legal claim.
Should I respond to a bad performance review?
If you believe you were not rated on the appropriate standards or you do not understand your performance standards, it is a good idea to respond to your performance review. An attorney can help you draft a response that will help clarify your performance standards and avoid performance-based discipline in the future.
Can I take legal action?
It depends. If you believe you received a bad performance review because of discrimination or retaliation, you can take legal action. It is a good idea to retain an attorney right away because the deadline to file a legal claim is very short. Additionally, if you grieve your performance review, you may not have the right to file a legal claim as well.
How can an attorney help me respond to a bad review?
An attorney can help you determine how to respond to a bad performance review and can advise whether you have a legal claim. An attorney can also help you navigate the different deadlines for grievances and EEO complaints challenging a bad performance rating. An attorney experienced in employment law can help ensure that you fulfill your obligations and have all the evidence you need to successfully prove your case.
