What can I do regarding my performance management review/negative information?

UPDATED: Oct 1, 2022

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What can I do regarding my performance management review/negative information?

My supervisor manages our performance management reviews for our department. Both my co-worker and I have had many instances of use of PTO, cases of tardiness or unscheduled PTO absence. He only rights negative remarks concerning this in my PM and not hers. I moved 1 1/2 years ago to buy a home 1.45 minutes from my job to assist with the care of my disable father-in-law who is a veteran. This made both my supervisor and manager very upset. Since then they have seemed to find a way to keep me from finding another position within the company by these negative remarks in my pm. I have asked other employees in our company who have had similar instances and they never had their supervisors or managers do this to them. Is this something that can be looked into to see if I have a legal case?

Asked on August 31, 2017 under Employment Labor Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I'm afraid that unless your situation has to do with unfavorable treatment due to your race, religion, age (over 40), gender, disability, national origin, etc., then differing treatment among co-workers is legal. The fact is that not all employees need be treated the same or even fairly (absent the above mentioned forms of discrimination). Therefore, unless these actions violate the terms of an employment contract or union agreement, they does not give rise to an legally actionable claim.

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 AttorneyPages.com 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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