Should I sign a performance evaluation?

UPDATED: Oct 1, 2022

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Should I sign a performance evaluation?

I work for a NYC agency for 1 1/2 years. After 1 year, I received a raise and was always praised as one of the highest performers by my superiors. Now meantime, Ive been bullied by the secretary who’s status is lower than mine. However, none the less I have been harrassed by this co-worker. I’ve reported the incident to my supervisors twice. Everytime I complained, the

supervisor would speak to this coworker and she would stop but then gradually start again with the bullying. This past month, she openly verbally harassed me, phyiscally harrassed me and cursed at me, in front of everyone. My supervisor reported the incident to EEO, as I did the same, as well. The supervisor informed me when I told him my side of the story being that he was out of the office that day, that I am provisional and although I am paying union dues, that I am not entitled to a union rep. I know EEO has turned the case over to Disciplinary and they’re investigating us all. Now I have just received my first annual performance review. Under the section of

Asked on September 7, 2017 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Do you have a written employment contract (including a union agreeenent--though you apparently do not) for a definite or defined term which is still in force (i.e. unexpired)? If not, then you are an "employee at will" and have essentially no rights at work or to your job. Your employer may take any action it wants against you (up to and including termination) regardless of whether or not you sign the review; in that sense, whether or not you sign is irrelevant, and so you may as well sign, to keep your employer happy (or at least happier than if you did not sign). 
Generally, signing such a review is considered acknowledgement that you read and reviewed it, not that you agreed with it, by the way.

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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