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Are sudden negative performance reviews cause for alarm?

On Behalf of | Jan 20, 2025 | Employment Law

Receiving a negative performance review can be upsetting, especially if it seems to come out of nowhere. For employees who have a history of positive feedback, a sudden shift in evaluations might raise concerns about underlying issues, some of which could even be grounds for legal action. 

While negative reviews are sometimes legitimate, they can also signal workplace problems, such as retaliation, discrimination or attempts to build a case for termination. As a result, it is important to understand when unjustifiably negative performance reviews may be a cause for serious (and possibly legal) concern. 

Potential retaliation


If you’re not your own boss and you’ve recently reported harassment, discrimination or unsafe working conditions, a negative review might be a form of retaliation. Employers are prohibited by law from retaliating against employees who engage in protected activities, such as filing complaints or participating in investigations, but that doesn’t mean that this form of misconduct never occurs. 

Discrimination


A sudden change in evaluations could also indicate bias based on race, gender, age, disability or other protected characteristics. Discriminatory behavior might surface as unwarranted criticism, reduced opportunities and/or harsher scrutiny compared to colleagues.

Pretext for termination


Employers sometimes use negative reviews as a pretext to justify firing an employee. This may occur if a company is trying to avoid liability for wrongful termination or attempting to downsize without offering severance.

A new manager or supervisor might impose a different perspective than a worker is used to, leading to altered evaluations. In some cases, personal conflicts or favoritism may unfairly influence performance reviews. However, there are also times when this shift in one’s working situation could be a sign that legal action is – or could soon be – warranted. Workers with questions or concerns about this issue should know that seeking personalized legal guidance and support is always an option.