I recently received an excellent question from an employee who had been given several negative performance reviews by their direct supervisor.
The problem? Many of the criticisms simply weren’t accurate.
Understandably, the employee was worried about pushing back. What if disagreeing with the boss made things worse or even put their job at risk?
My advice is simple: if something important in your performance review is wrong, say so — and do it in writing.
If the review is wrong, correct it
Employees sometimes believe the safest response to a negative performance review is to keep their head down, say nothing and hope the issue blows over.
That can be a serious mistake.
If your manager says you failed to complete a project properly, missed targets you actually met or were responsible for a problem that wasn’t yours, correct the record. You don’t need to turn it into a confrontation.
Explain calmly and professionally what you disagree with and why. If the review says you failed to complete an important assignment, for example, explain when the work was completed, what was delivered and any relevant facts that were left out.
The goal isn’t to win an argument with your supervisor. It’s to make sure your side of the story exists in writing.
Put your response in an email
Don’t rely only on a conversation or meeting with your manager. If there is ever a dispute later, you want to be able to show that you challenged inaccurate information when it was first raised.
Email works well. Identify the parts of the review you disagree with, briefly explain why they are incorrect and include any relevant information that supports your response.
Don’t insult your manager or send an angry message accusing them of dishonesty or incompetence. Even if you’re frustrated, that can create a new workplace problem.
Keep it professional and stick to the facts.
READ MORE: Fired after a performance review in Ontario? 4 things to know
Silence can make the employer’s job easier
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Here is why responding matters.
Imagine your employer gives you a negative performance review and you say nothing. Several months later, there is another one. Again, you disagree with much of it, but stay silent.
Eventually, the company lets you go and points to a long history of performance problems. You’re now trying to explain that the reviews were inaccurate all along.
The obvious question becomes: If they were wrong, why didn’t you say anything at the time?
That is a much more difficult situation than having emails showing that you consistently corrected inaccurate allegations as they were made.
From a practical standpoint, silence can look like acceptance. If you disagree with something important, create the record now.
A bad review doesn’t automatically mean cause
Employees also need to understand the difference between poor performance and termination for cause.
Your employer can decide it is unhappy with your work and terminate your employment without cause, provided it gives you the appropriate severance.
Firing someone for cause — meaning little or no severance because of alleged performance problems — is a very different story. Cause is extremely difficult for an employer to prove.
A manager simply saying, “Your performance isn’t good enough,” generally isn’t enough. Important questions include whether expectations were clear, whether the employee was told what needed to improve and whether they were given a meaningful opportunity to improve.
This is another reason inaccurate reviews shouldn’t go unanswered. If your employer later tries to build a case for cause, your written responses can make it much harder to rely on allegations you challenged from the beginning.
And if the company can’t prove cause, you can still be owed full severance — potentially as much as 24 months’ pay, depending on multiple factors.
READ MORE: Employer fired you ‘for cause’ in Ontario? 4 things you must do
What if you’re put on a performance review plan?
The same principle applies if a negative review turns into a performance improvement plan, often called a PIP.
Don’t assume that acknowledging a PIP means you have to agree with everything in it. If the plan contains inaccurate information, unrealistic allegations or descriptions of past events you believe are wrong, respond professionally in writing.
Be specific. If your employer says you missed five deadlines and you only missed one, say that. If it says you were never available to help a client but you have emails showing otherwise, point that out.
If your results were affected by circumstances outside your control, explain them. You are not refusing feedback. You are correcting the record.
A PIP can become an important part of an employer’s documentation if the employment relationship later deteriorates, making it even more important not to leave major inaccuracies unanswered.
READ MORE: Does a performance improvement plan mean you’re getting fired? What employees need to know
Don’t make it personal
There is a right way and a wrong way to challenge a performance review.
The wrong way is to send an angry email accusing your supervisor of having a personal vendetta against you. A better approach is straightforward: “I want to clarify a few points in the review because I don’t believe they accurately reflect what occurred.”
Then stick to the facts.
Your response should make you look reasonable, professional and credible if someone else reads it months later. That could be HR, senior management or an employment lawyer reviewing what happened after your termination.
Protect the record before there is a termination
Employees often wait until they lose their job before trying to correct months or years of inaccurate documentation. By then, the employer may already have built a file.
If something important in your performance review is wrong, deal with it when it happens. Respond politely, factually and in writing. You may never need that email again, but if your employer later tries to rely on those reviews to justify a termination for cause, it could become extremely important.
And if you suddenly start receiving negative reviews after years of positive feedback, are placed on a PIP or believe your employer may be building a case to let you go, speak with an employment lawyer on my team before resigning, signing anything or accepting criticism you believe is inaccurate.
A bad performance review can become the first page in an employer’s case against you. Make sure your side of the story is in the file, too. If the company eventually fires you and can’t prove cause, we can help you pursue your full severance — potentially as much as 24 months’ pay.
Contact Samfiru Tumarkin LLP or call 1-855-821-5900 for a consultation with an employment lawyer. Get the advice you need and the compensation you deserve.
Lior Samfiru is an employment lawyer and co-founding partner at Samfiru Tumarkin LLP, Canada’s most positively reviewed law firm specializing in employment law and long-term disability claims. He provides legal insight on Canada’s only Employment Law Show on TV and radio.
