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How to Write a Rebuttal to Unfair Performance Review

11/16/2015

 
rebuttal to unfair performance review
  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. For instance, if the employer is about to terminate you or has already made the decision to fire you (as it often happens when a bad performance review is issued), and your bad performance review is just a paperwork that hey try to use to show that they are giving you another chance before terminating you, writing a rebuttal will not prevent that termination. However, if you still decide to write are rebuttal because you are eager to share your side of the story, makes sure that you follow the simple tips below: 

1. Do not write lengthy letters analyzing and dissecting every line of your performance review. A brief, general rebuttal generally showing that you disagree with your review and explaining why shall suffice. There is no reason for your rebuttal to be longer than one page. And remember - the shorter your rebuttal is, the sooner that right person, who you want to read, will read it. 

2. Be respectful. Writing in your performance review rebuttal all about how you hate your manager or the whole company, or how you can't wait to leave that awful places, etc., is not going to benefit you in anyway, and if anything  - it will increase the chances of you being pushed out sooner than later. Angry e-mails to a manager are not going to help you with your bad performance review in any way, so there is no point in sending them. 

3. Don't overreach or exaggerate. Don't accuse your boss or the company in your rebuttal of things that you simply can't prove - such as conspiring to get rid of you, etc. No one responds well to false allegations, and your employer is not an exception. If you believe that you have been discriminated or retaliated, submit a separate discrimination complaint to address that issue. 

Lastly, consider whether writing a rebuttal to your performance review is even worth it. In many cases, it isn't. 


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We represent employees and employers in employment and wrongful termination cases, as well as victims of serious injuries in San Francisco, Oakland, Sacramento, San Jose, Palo Alto, San Mateo and throughout Northern California. We all represent businesses and start-ups in a wide range of business and employment issues and disputes. 


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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
    • Workplace Rights Checklist
    • Deposition Tips
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    • Effective Mediator
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    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case