Employee Rights in Performance Evaluations and Termination Reviews

Performance evaluations and termination reviews significantly shape an employee’s career path, impacting everything from promotions and raises to continued employment. While these processes are designed to provide constructive feedback and assess job performance, they’re not always carried out fairly. In some cases, employees may experience discrimination, bias, or retaliation during evaluations and reviews, leading to unjust terminations or missed opportunities.

At Nichols Kaster PLLP, we’re committed to ensuring employees understand their rights during these critical assessments. Here’s what you need to know to protect yourself in performance evaluations and termination reviews.

Understanding Your Rights in Performance Evaluations

In general, performance evaluations are meant to objectively assess an employee’s contributions, skills, and growth within a company. However, if biases or improper motives influence these evaluations, it can lead to unfair treatment and limit an employee’s potential. Here are some key rights that every employee should know:

Right to Fair and Non-Discriminatory Evaluations: Minnesota and federal laws protect employees from discrimination based on age, race, gender, disability, religion, sexual orientation, and other protected characteristics. If you believe any form of discrimination negatively influenced your evaluation, you may have grounds for a legal claim.
Right to Consistent Evaluation Standards: Employers must apply consistent performance standards across all employees in similar roles. For instance, if one employee is reprimanded for missing a deadline while others are not, this inconsistency could indicate unfair treatment.
Right to Documentation and Transparency: Employees can request written feedback and documentation regarding their evaluations. Transparency is essential to fair treatment, as it helps prevent miscommunication and establishes a clear record of any performance issues that might arise.

Recognizing Unfair Treatment in Termination Reviews

Termination reviews are typically conducted to determine whether an employee should remain with the company or if there are grounds for termination. However, sometimes, these reviews can be biased, subjective, or retaliatory. Understanding your rights can help you identify when an employer may have crossed a legal line.

Right to a Legitimate Reason for Termination: While Minnesota is an “at-will” employment state — meaning employers can generally terminate employees for any lawful reason — employees cannot be terminated for reasons that violate state or federal law. If your termination review was influenced by discriminatory motives, retaliation for whistleblowing, or any other unlawful reason, this could constitute wrongful termination.
Right to Review Your Performance Documentation: If your employer claims that performance issues led to your termination, you can request access to past evaluations and documentation. This can help you determine if their reasoning is consistent with prior feedback or if they’ve altered their assessment to justify an unfair termination.
Right to Be Free from Retaliation: If you’ve reported workplace issues such as harassment, discrimination, or unsafe conditions, you’re protected from retaliation under both state and federal law. Employers are prohibited from terminating employees for asserting their rights or raising concerns. If you believe your termination review was conducted in retaliation for speaking up, it’s important to consult with an employment attorney.

Steps to Take if You Suspect Unfair Treatment

If you believe that your performance evaluation or termination review was unfair, there are several steps you can take to protect your rights:

Document Everything: Keep copies of all evaluations, emails, and other communications related to your performance and employment. Detailed documentation can be invaluable if you decide to pursue a legal claim.
Request Feedback in Writing: Ask for written explanations of any feedback or reasons provided in your evaluation or termination review. A written record can help you spot inconsistencies and hold your employer accountable for their actions.
Consult an Employment Lawyer: If you suspect that your rights were violated, seeking advice from an experienced employment attorney can help you understand your options. At Nichols Kaster PLLP, we’re here to review your case, advise you on the strength of your claim, and support you in taking action if necessary.

Nichols Kaster PLLP, Can Help

Our team at Nichols Kaster PLLP, has extensive experience helping employees stand up to unfair treatment in the workplace. We know that performance evaluations and termination reviews can have lasting impacts on your career, and we’re dedicated to protecting your rights during these critical moments.

When you work with us, we will:

Investigate Your Case: We’ll review your documentation, performance history, and any additional evidence to determine if you have been treated unfairly or unlawfully.
Build a Strong Case: If we identify any violations, we’ll help gather evidence, such as testimonies or documents, to build a compelling argument on your behalf.
Negotiate and Advocate for You: Whether through negotiation, mediation, or litigation, we will fight to secure fair compensation, reinstatement, or other favorable outcomes.

Protect Your Career with Nichols Kaster PLLP

If you feel that you’ve been unfairly treated during a performance evaluation or termination review, don’t wait to take action. Reach out to }, for a confidential consultation to discuss your rights and explore your options. We’re here to advocate for fair treatment, fight back against discrimination and retaliation, and help you protect your career and future.