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Fabricated information in performance review Wisconsin

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  • Fabricated information in performance review Wisconsin

    We are quite sure my wife's summative performance review contains fabricated information. The supervisor stated she "copy and pasted" comments made by her peers on the peer review section. We would like to formally complain that the supervisor fabricated this information. How does one go about formally charging a supervisor with such a claim and is this actionable? We have tried going to the supervisor above this one for other complaints and they're all met with disinterest so we'd like to make sure this complaint gets heard.

  • #2
    Based on the information in your post, this is entirely an internal issue, not an issue for which you can take legal recourse. She can take whatever issues are available to her through her employer, but performance reviews are not required by law and therefore no laws directly address them.
    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


    • #3
      witness to meetings.

      Thanks for your reply. I feared as much. Her supervisor is subject to no oversight and it is increasingly difficult to deal with.

      If I may ask another question, are there any laws that govern advocacy? In particular, when a supervisor has a meeting with a subordinate, in Wisconsin, can my wife bring along an advocate or a witness to a meeting? Can that witness be a tape recorder? I'm lead to believe there is much that is said between supervisor and subordinate that then is twisted and misquoted whereupon the supervisor seems to be given the sole benefit of doubt.

      Comment


      • #4
        witness

        Most companies do not allow conversations to be taped. If she disagrees with the information what does the company policy say about her writing a rebuttal stating the facts in her opinion.

        If the meeting can lead to discplinary action then she can bring a union represnetative or a witness under section 7 of the National Labor Relations Act. This is commonly refered to as Weingarten rights.

        See http://clear.uhwo.hawaii.edu/wein.html for a good explanation of weingarten rights.

        However a performace review or evaluation does not entitle one to a witness. Theses reviews are done to improve ones perforamce or evlauate for pay reasons and not to investigate wrong doing.

        She could request from mangement then right to bring a witness with her.

        Comment


        • #5
          Originally posted by USWMember View Post
          Most companies do not allow conversations to be taped. If she disagrees with the information what does the company policy say about her writing a rebuttal stating the facts in her opinion.

          If the meeting can lead to discplinary action then she can bring a union represnetative or a witness under section 7 of the National Labor Relations Act. This is commonly refered to as Weingarten rights.

          See http://clear.uhwo.hawaii.edu/wein.html for a good explanation of weingarten rights.

          However a performace review or evaluation does not entitle one to a witness. Theses reviews are done to improve ones perforamce or evlauate for pay reasons and not to investigate wrong doing.

          She could request from mangement then right to bring a witness with her.
          Thank you for taking the time to help with this information. I read what you wrote and the link you provided.

          RE: rebuttal
          She wrote a rebuttal and it was just placed in her file and that was it.

          RE: Weingarten Rights
          Her department and I think employer has no union representation. Did I understand correctly from your post that, in the absence of a union, a witness is allowed under the conditions of disciplinary action?

          I'll try to locate the actual section 7 as well.

          EDIT:: it seems that, at the end of the link you sent, that nonunion employees are not afforded the Weingarten Rights based on the 2004 Labor board decision.
          Last edited by happyEmployee; 06-11-2009, 08:38 AM. Reason: clarification

          Comment


          • #6
            If she is not a member of a union, Weingarten rights do not apply and it is up to the company whether or not she is allowed a "witness". Outside of a union, she has no inherent right to a witness under the law.

            And even within the union, that right exists only when she has a reason to believe that the meeting will be disciplinary in nature.
            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


            • #7
              Originally posted by happyEmployee View Post
              We are quite sure my wife's summative performance review contains fabricated information. The supervisor stated she "copy and pasted" comments made by her peers on the peer review section. We would like to formally complain that the supervisor fabricated this information. How does one go about formally charging a supervisor with such a claim and is this actionable? We have tried going to the supervisor above this one for other complaints and they're all met with disinterest so we'd like to make sure this complaint gets heard.
              Just FYI, there is no "we" here. You are not a party to your wife's employment relationship and most employers do not appreciate a spouse getting him- or herself involved.

              Your wife wrote a rebuttal to her appraisal, which was put in her file. That needs to be the end of it. The situation you're describing just isn't that big a deal so I strongly suggest your wife (and you) not make a federal case about it.

              We have tried going to the supervisor above this one for other complaints and they're all met with disinterest Perhaps that's because in the scheme of things, these complaints just aren't of any interest to management. In any event, you should not be contacting the employer or directly involving yourself.

              Comment


              • #8
                Non union and representation

                Non union is not covered by weingarten rights only union workers.

                Comment


                • #9
                  Isn't that what I said?
                  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


                  • #10
                    Thanks for the insight

                    Thanks for the info, cbg and USWMember. You answered my questions very well.

                    Beth3,
                    I have not been in direct contact with her employer so perhaps my language was not precise enough. I'll be more clear in the future.

                    That said, your suggestion that the rebuttal needs to be the end of it and that the situation just isn't that big a deal is pompous and presumptions. Your attitude is exactly what my wife is up against. You and her management, in suggesting that lies in a performance review are not that important, display a serious lack in both moral judgement and common sense. The full depth and scope of this situation is not evident from what I have described and so cannot be truly appraised by you. I queried the list to get information on how she should proceed, what laws and rules are in place to help, not criticism from another "manager" that an employee should just stop complaining. At no point, either, did I suggest anything about federal charges. This, too, is a classic example of redirecting the issue away from my wife dealing with lies in a performance review to my wife somehow wanting to go to litigation. I appreciate your effort to help, however, in my opinion, you stepped over the line with your value based interpretation of this situation.


                    Originally posted by Beth3 View Post
                    Just FYI, there is no "we" here. You are not a party to your wife's employment relationship and most employers do not appreciate a spouse getting him- or herself involved.

                    Your wife wrote a rebuttal to her appraisal, which was put in her file. That needs to be the end of it. The situation you're describing just isn't that big a deal so I strongly suggest your wife (and you) not make a federal case about it.

                    We have tried going to the supervisor above this one for other complaints and they're all met with disinterest Perhaps that's because in the scheme of things, these complaints just aren't of any interest to management. In any event, you should not be contacting the employer or directly involving yourself.

                    Comment


                    • #11
                      YOU should not be in contact with your wife's employer, period. Your wife is an adult and can handle her own issues.

                      She can rant and rave up one side and down the other. She can also be legally fired for doing so. Is that what you want for her?

                      Beth3 gave your wife sound legal and professional advice based on her years of experience.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                      Comment


                      • #12
                        Please re-read and advise

                        Originally posted by Pattymd View Post
                        YOU should not be in contact with your wife's employer, period. Your wife is an adult and can handle her own issues.

                        She can rant and rave up one side and down the other. She can also be legally fired for doing so. Is that what you want for her?

                        Beth3 gave your wife sound legal and professional advice based on her years of experience.
                        1) I stated that I'm not actually contacting the employer early on [to Beth3].

                        2) Someone being an adult does not give them the POWER to handle all situations. This is why we have unions, police officers, a legal system, a military. There are several examples I'm sure we can both provide where employees need help.

                        3) She is not ranting and raving. Again, you're now presuming something that is not so. We're trying to get help here and other places before doing anything rash or inappropriate.

                        4) Beth3 did provide some good advice. I took issue with the value statements.
                        Last edited by happyEmployee; 06-24-2009, 06:04 AM. Reason: Clarification

                        Comment


                        • #13
                          so, OP, in a nutshell...

                          If your wife is not in a union; there are no laws that protect her from any info from being fabricated- that is, of course, info that is in the lines of breaking LAWS(which is not the case here) your wife can not file anything within the legal system.
                          Reviews can have anything your employer wants it too. Let's say, for example, it said she did not dress in proper code, when in fact she did, then that is what the review will say if the employer wants it to. Even if she had pictures and 1000 witnesses confirming it, and most-likely will not even let you speak to defend yourself. Still, they have the edge.
                          Your options in the workplace are the three "L's"- Live with it, Lobby for change, or Leave. Screaming for an attorney will do no good most of the time.

                          Comment


                          • #14
                            That said, your suggestion that the rebuttal needs to be the end of it and that the situation just isn't that big a deal is pompous and presumptions. Your attitude is exactly what my wife is up against. You and her management, in suggesting that lies in a performance review are not that important, display a serious lack in both moral judgement and common sense.

                            A lack of moral judgement? Pompous and presumptious? Ai yi yi. Your wife wrote a rebuttal to the review. It was placed in her file. I don't know what else you and your wife think is going to be done by her employer. If your wife continues to make an issue of this with her employer, she may not be doing herself any favors. At some point, she will cross the line with management (if she hasn't already) from an employee with a possibly legitimate gripe to someone who is annoying the heck out of them because she won't let this go. If you and your wife want to ignore the bigger picture, that's certainly your choice.

                            Comment


                            • #15
                              I said serious lack...

                              Originally posted by Beth3 View Post

                              A lack of moral judgement? Pompous and presumptious? Ai yi yi. Your wife wrote a rebuttal to the review. It was placed in her file. I don't know what else you and your wife think is going to be done by her employer. If your wife continues to make an issue of this with her employer, she may not be doing herself any favors. At some point, she will cross the line with management (if she hasn't already) from an employee with a possibly legitimate gripe to someone who is annoying the heck out of them because she won't let this go. If you and your wife want to ignore the bigger picture, that's certainly your choice.
                              And I concede that such a suggestion was inflammatory. The situation at my wife's work is rather appalling and the details are many so, yes, presumptuous was apt. I understand now, after all the feedback, that she has to work within the system as it's documented at her employer. It's difficult to work under constant lies from a supervisor as this situation only scratches the surface. We were hoping that, since she lied in written form and worse, attributed it to other co-workers, that upper management may want to have that corrected. The management chain has shown a lack of oversight.

                              I will leave you with this thought: In recent history, two US presidents lied to the people. One said he never sold weapons to Iran and the other said he never had sexual relations with that woman. If you look into yourself and think, "something [more] should have been done" then, in the case of my wife, you may gain a clearer understanding of why we think something should be done. You may say that, a president's lie is far graver than a silly performance review, and I would compel you to not venture down that slippery slope.

                              Comment

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