Can a company use specific criteria to decide on write-ups, firings and raises that they don’t use on all people in the same job/department?

UPDATED: Jul 4, 2009

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Can a company use specific criteria to decide on write-ups, firings and raises that they don’t use on all people in the same job/department?

The call center I work in recently started to use MindShare. It allows each customer to rate a customer service rep’s performance in several areas after each call. A badly rated call is emailed to management and usually results in the CSR being written up. The combined score of all of the surveys over a month is assessed. You could be written up, put on probation or fired if your numbers are low. BUT many CSRs aren’t in the MindShare survey database. About 30% of CSRs are not being surveyed in any way–never have. Supervisors say it’s wrong but nothing has changed. Do I need a lawyer?

Asked on July 4, 2009 under Employment Labor Law, Georgia


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Unless you have a written employment contract, or the employer has a written employee handbook that talks about this in a way that can be made contractually binding on the employer (and this is very rare), you are an employee at will, and there isn't anything you can do about this.

The exception to that would be if some sort of illegal discrimination is at work in select who is surveyed and who is not.  If you think there is some pattern of discrimination here, such as the 30% not being surveyed are all the youngest white males or something like that, you should talk to an employment discrimination attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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