It is not uncommon for managers and supervisors of both small and large companies to create a "paper trail" against employees they dislike, want to get rid of and terminate (lawfully and unlawfully) by issuing series of unjustified poor performance reviews. A supervisor may use those reviews later to rebut allegations of unfair or unlawful termination by pointing at those reviews in support of his or her argument that an employee had a history of poor performance and therefore was fired legally.
If you believe that you are a victim of such conduct and you care about retaining your job and possibly being able to protect your rights, should you be suspended or even terminated, it's crucially important that you don't ignore those performance reviews. It is perfectly appropriate and even recommended that you submit rebuttal to those reviews that you believe to be false and unfounded, and request investigation from the superiors to inquire into the possible ill will that your supervisor is exercising against you in issuing those reviews.
Your active protesting of reviews will be a strong evidence later that you complained about possible unlawful, defamatory, discriminatory or retaliatory conduct against you, and your employer didn't take action to prevent and remedy the same, as required under California law.
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Under California disability laws, an employer has an affirmative obligation to engage with an employee who has actual or perceived disability (or medical condition) in an interactive process or direct communication to find reasonable accommodations to his or her condition. California Labor Code section 98.6 prohibits employer from terminating, threatening to terminate, demoting, suspending, or otherwise discriminating against an employee who participates as a claimant or as a witness in proceedings before the state Labor Commissioner or otherwise exercises his or her rights under the Labor Code. |
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