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  • Refusal to sign performance evaluation

    An employee was not happy about his last performance review which gave him only a 2% out of a possible 3% raise. He has refused to sign the review. This being the case, can we lawfully withold the 2% raise?

  • #2
    Yes. Neither Federal nor Massachusetts law requires that you give him any raise at all.

    This presumes that he does not have a bona fide contract guaranteeing raises at any given time.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Why would you want to do that?

      Won't that sink his morale even more, resulting in a less productive employee?

      Comment


      • #4
        re morale

        Originally posted by SpecialK-MA
        Won't that sink his morale even more, resulting in a less productive employee?
        I work for a cpmpany who is doing that to me and I have worked there for 3 years and I have recived the same pay for 3 years now, and this last one was my last straw. I gave my employers the chance to see my potential but I guess the work I do doesnt matter. my job hires pple based on looks, and not only do they not give me a fair raise they dont treat me like one of there favorites, my advise to you sir, if u have any empoyee who have worked ther for 2 years + and u dont give them the credit they deserve, well Im sorry but I feel its not right and is this persons work unsatifactory?
        does this person not perform up to par, do they not go above and beyound whats required?
        do they help out everysingle customer day in and day out, are they lazy ,do these qualify them for such a raise, I know I dont if I am a one of the top performers in my store, yet get a raise for the worst performer,I sold the 2nd most aols in the comany, I sell more protection plans on products then my emplayee and I work overtime, I work on my days off I work my shift + another associates 11-2 hour shift almost every day of the week. does my reiview seem far that after 3 years I get bottom feeders pay?
        what do I do?

        Comment


        • #5
          duplicate post. I just answered your other one.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            Refusal to sign the perfomance review.

            Wouldn't the performance review, when the boss said they were giving the employee a 2% raise, constitute an agreement in and of itself? They might not have been obligated to give the raise, but once they said they would..?

            Comment


            • #7
              And the OP is only about 19 months old >>>>>>> Joe you best go on and get your little nappy pooh ..........

              Comment


              • #8
                old post

                Sorry folks.. this is capecod. I got a bunch of emails from you all.. no, not drinking.. just didn't realize it was an old thread and that it would effect you all in such a way. I didn't realize that the timing was so important, I though the relevancy of the discussion was key. I'll try to make sure I look at dates before I get anyone teed off.. didn't mean to.

                Comment


                • #9
                  Not teed off at all Cape, just late night banter and well kinda sorta inside humor. Welcome to the forum by the way and don't worry about it. You are right relavent information usually doesn't get too passee. Hope you find someone to help you figure out that contract deal, sounds pretty deep to me......

                  Now how bout a little nip a that vineyard for me >>>>>>>>>>>>>>>>>>>>>>>>
                  Last edited by BnThrDnTht; 06-14-2007, 09:17 PM.

                  Comment


                  • #10
                    Moderator here:

                    I generally request that threads that have been dead for thirty days or more be left alone unless you have a question (not a comment) about the law being discussed or you are the OP posting back with an update. There are two reasons for this.

                    1.) Experience has shown me that old-but-resurrected threads have a higher percentage of deteriorating into problems than current threads

                    2.) It diverts the attention of the responders away from CURRENT problems that have not yet been resolved.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                    Comment


                    • #11
                      Why?

                      CBG -

                      Why are you so nasty all the time? Do they work you too hard?

                      Comment


                      • #12
                        Originally posted by kcolg View Post
                        CBG -

                        Why are you so nasty all the time? Do they work you too hard?
                        You don't KNOW nasty. What about that post was nasty? It was a very simple and polite explanation of one of the rules of this board.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                        Comment


                        • #13
                          Originally posted by kcolg View Post
                          CBG -

                          Why are you so nasty all the time? Do they work you too hard?
                          cbg is not nasty (although her employer may be working her too hard).

                          You, kcolg, have a problem with the folks posting responses here. I looked at some of your threads and you were not happy with being given factual answers.
                          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                          Comment


                          • #14
                            I'm not even going to answer that, kcolg. If you think that post was nasty, hang around. You ain't seen nothing yet if you think a simple explanation of why I make the requests I do is nasty.
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                            Comment

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