Can I challenge a negative evaluation?
May 13, 2022 | 40,00 EUR | answered by Babette Krüger
Dear legal team,
I am reaching out to you because I have major concerns regarding my current professional situation. My name is Tina Schillinger and I have been working as a Marketing Manager in a medium-sized company for three years. Lately, I have been receiving more negative feedback from my supervisor, which has also been reflected in my annual evaluation. This evaluation was significantly worse than in previous years and has left me feeling very uncertain.
My supervisor criticizes my work style and claims that my performance does not meet expectations. However, I have always done my best and believed that my work was good. I am now wondering if I can challenge this poor evaluation and what options are available to me in this situation.
I would like to understand why I am suddenly being rated so poorly and if there are any legal steps I can take into consideration. Is it possible to appeal or contest the evaluation? Can I demand that my performance be evaluated objectively and fairly? What steps do you recommend for me to improve my professional situation and address the unjust criticism?
I am grateful for your support and guidance during this difficult time and hope for a prompt and helpful response.
Sincerely,
Tina Schillinger
Dear Mrs. Schillinger,
Thank you for your inquiry and your trust in my expertise as a labor law attorney. I am sorry to hear that you are currently facing difficult professional challenges. I would like to help you in this situation and show you some possible steps you can consider.
First of all, it is important to understand that a negative evaluation from your supervisor does not automatically mean that it is justified. There may be various reasons why you were suddenly rated poorly, and it is quite possible that subjective assessments or personal animosities are at play. Therefore, it is advisable to discuss the exact reasons for the poor evaluation with your supervisor and ask for specific examples of the criticisms.
If after this discussion you still believe that the evaluation is unjustified, you may consider taking legal action. First, you should check if your employment contract or company policies contain provisions regarding performance evaluations and the possibility of challenging an evaluation. If so, you have the right to object to the evaluation and request a review by a neutral body.
Furthermore, you can seek assistance from a works council or a union to help you enforce your rights. They can also help you recognize and address possible workplace discrimination or bullying. If you ultimately decide to take legal action, I am happy to assist you and support you in enforcing your claims.
Finally, I recommend actively seeking to improve your professional situation. Consider if it would be beneficial to undergo targeted training or coaching to enhance your skills and strengthen your professional profile. Show your supervisor that you are willing to work on yourself and continue to develop.
I hope that this information is helpful to you and I am available for any further questions you may have. I wish you all the best for your professional future and am confident that you will overcome this challenge.
Sincerely,
Babette Krüger
Labor Law Attorney
