Mission Viejo, CA asked in Employment Law, Civil Rights and Employment Discrimination for California

Q: Annual a performance review scores were admittedly falsified.

Falsified from 6.5 to 4.0 (1-10 scale) by my manager , in writing stated it was modified downward to fit a list of pre-determined employees targeted for layoff. The score reduction was directed by the HR department, therefore my scores were changed which did not reflect my overall performance. Therefore, my review scores came under a different set of rules than younger employees . I am 58 years old.

Is this false performance review legal ?

1 Lawyer Answer
Brad S Kane
Brad S Kane
  • Employment Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: A falsified performance review as part of a targeted layoff is an adverse employment action, which may support a claim for age discrimination. You should speak with an employment attorney about how to respond in writing to the falsified evaluation, most provide free consultations.

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