Can an employer state in an annual evaluation an incident that is unresolved within the grievance prodecure?
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Can an employer state in an annual evaluation an incident that is unresolved within the grievance prodecure?
I filed a grievance regarding a verbal warning of an unwritten rule. As a civil service employee, I know that there are no unwritten rules. Since management refuses to put it in writing, I filed a grievance regarding the warning. Since that time, my employer has stated the incident in both my annual evaluation and in my promotional evaluation. The grievance has not been resolved. It is awaiting arbitration.
Asked on June 5, 2009 under Employment Labor Law, New Jersey
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
I'd have to see the evaluations before I could give you an opinion on this, and I'd want to know more about the rest of the facts of the case as well. If the evaluations mentioned that you had a pending grievance regarding the incident, that might be all you are entitled to.
You need to have a full evaluation by an attorney in your area, one who is familiar with PERC rules that cover this sort of thing if it applies to your job. Sources for lawyers include the lawyer referral service of the bar association, which should be listed in your telephone book, and our website, http://attorneypages.com
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