7. Now the rest is up to you. When you receive an unfair work evaluation, you'll likely be angry or hurt. Always be vigilant. • Terms & Conditions That is why Margaret didn’t see it coming. The essential facts, the point illustrated and the lesson to be learned, remain actual. Performance reviews are part of being in the workplace, and sometimes, unfortunately, bad performance reviews happen to good people. Compare your previous years' performance appraisals to the current one, and review all performance-related materials in your employment file. You may make a request for a “review of the review,” a correction preferably by a completely new Performance Review, or a different Overall Rating. To obtain a copy, simply [click here.]. It is just a fact: humans are imperfect. Sample Rebuttal Letter for Performance Review Being on the receiving end of a disappointing performance review is never easy, especially if you thought your work did not require improvement. But not if you're New York teacher Sheri Lederman . If you are not an experienced or confident writer, then seek help from somebody outside the organization, preferably somebody with direct experience of performance review procedures. Inconsistent statements suggest that your Reviewer either didn’t devote sufficient time and focus to preparing your Performance Review, or he or she is trying to force a conclusion out of facts that don’t lead to it. Please Note: This Newsletter is not legal advice, but only an effort to provide generalized information about important topics related to employment and the law. These days, and henceforth, those facing a problematic Performance Review have no real choice but to submit an effective Performance Review Rebuttal. That is to say, a robust Performance Review Rebuttal both addresses the past, and protects the future. Nobody likes receiving a negative performance review, but an incorrect or inappropriate response could make the situation worse. Institutional organizations usually have a highly detailed procedure; study it carefully and follow it through to the letter. The problem with refusing to sign a performance appraisal is that your refusal can introduce an adversarial tone to the appraisal discussion. On the other hand, if your sales for the quarter were $2,000,002, and your Performance Review says “2 million,” that is simply not significant. These 16 Effective Steps to a Robust Rebuttal to a problematic Performance Review together constitute a mindful and proper response. Make your points clearly and as ever stick to the big issues and ignore the minor ones. Click to email this to a friend (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on WhatsApp (Opens in new window), Performance Review Approaching? If you have good reason to believe that your Reviewer let his or her “imperfections” come out in the form of improper motivations for giving you a negative Performance Review, now is the time and place to raise that concern. For example, if your … Post was not sent - check your email addresses! We also offer a 198-point Guide and Checklist to Responding Effectively to Your Performance Review. The next review period I was told I would be fired in 60 days if my "issues" did not improve. If this is not the customary practice of your employer, in an email ask your supervisor and/or your Human Resources for a copy, and ask that it be sent to you by email. It is a common practice among most employers to provide employees with  copies of their Performance Reviews at the end of such meetings. The second statement does not logically follow from the first. 11/16/2015 Generally, the value of a rebuttal to a performance review that you received and that you disagree with is very limited, and it usually will not make much of a difference. 16. Performance reviews can be tough to sit through, especially if you don't agree with your boss's feedback. We also guarantee that this approach – respectful, reasoned, focused, hitting the important points, and being clear about what you believe needs to be done to correct the problem – is the best approach there is. If your employer doesn't have an appeals form, prepare your draft in letter form or search online for an example appeals form. With these 16 Steps, you’re prepared to effectively Rebut. 12. Address possibly improper motivations, such as (a) personal animosity, (b) discrimination, or, worst of all, (c) retaliation for refusal to engage in impropriety or other acts of integrity. 8. A rebuttal should be limited to a single page, include examples of how you helped your company reach its goals, and include complimentary comments from co-workers, says Joanne Cini, author of "Kingmaker: Be the One Your Company Wants to Keep ... on Your Terms." Alan L. Sklover, Employment Attorney and Career Strategist for over 35 years. Make a list of comments based on “extreme subjectivity.” I can’t count the number of times clients have reported statements in their Performance Reviews like this one: “Failed to make me feel comfortable in her abilities,” or “Needs to make himself more visible.” Or how about this doozy: “His work does not please me.” None of these can be proven, or disproven, and all  are potentially either (a) made up (that is, falsified), (b) mental impressions without basis in reality, or (c) entirely capable of being based in personal animosity, discrimination or other improper motive. ], Repairing the World – If no specific procedure or form is required, ask your HR representative what usually transpires when an employee files a rebuttal to a Performance Review. Your employee assistance program (EAP) can also provide guidance. Don't use the letter to take issues with issues not directly related to your performance review or make suggestions. I am afraid I must go to the ladies’ room, and then home.” Such a “physical malady” is always an acceptable ticket out of a difficult, stressful situation, and is not capable of mischaracterization as “walked out of the meeting,” which would be quite negative for you. [Image: L’effet du mélodrame via Wikimedia Commons ] And she had not received any negative reports, comments or complaints. 12 Ways to Enhance Yours, “Will submitting a Performance Review rebuttal backfire?”, 45 Rockefeller Plaza Ste. If at all possible, your Performance Review Rebuttal should be no more than two or three pages. You can (a) acknowledge that “I have received a copy of this Performance Review,” but also write in (b) “However, I do not agree with its contents, and plan to submit a rebuttal.”. Here are ten things never, ever to say during your performance review meeting! Please do not say to yourself, or write “I am a woman,” or “I am a Jew,” or “I am an older person,” and for this reason, alone, my Performance Reviewer must have been prejudiced in my review. It is absolutely essential that you don’t make a bad situation worse. Negotiation of work and career issues requires that you think “out of the box,” and build value and avoid risks at every point in your career. Always be persistent. Time and again, internal audits showed her division to be among the most efficient, profitable and growing in the company. Do not get drawn into long discussions on minor issues but concede and brush them aside. Be honest about where you need to improve, and request the next steps. Is there some kind of “mediating meeting?”. Chances are that you did not read your Performance Review carefully at your meeting, and don’t have a clear recollection of what you did read. You may want (i) a correction, (ii) your Rebuttal attached, (iii) a whole new Review, (iv) a different boss by means of a transfer, or (v) perhaps a severance package, or 100 other different things. If however, after being brutally honest with yourself, you decide that the assessment is inaccurate, it may reveal that your boss is—either unintentionally or purposely—overlooking your accomplishments. “By the time you get a review that you … The first is important for the present; the second and third are important for the future. . The four matters mentioned above – (a) your not receiving any prior notice of dissatisfaction or inadequacy all year long, (b) your being out for a good part of the year due to approved reasons, (c) your or your department’s performance being better than other departments or other company’s, and (d) your time and attention being diverted to other projects by management – are the four most commonly seen. Nobody likes to be on the receiving end of a poor performance review or disciplinary action at work. Learn the trade secrets and ‘uncommon common sense’ of Attorney Alan L. Sklover, the leading authority on “Negotiating for Yourself at Work.”, • How to use our Model Letters Unfair Disciplinary Action It is also important that the appraisal or disciplinary action be unfair. The past five years or so has made me feel quite different. One aspect of human imperfection lies in the motivations we sometimes have for doing things: at times they, too, are imperfect. Here is the correct performance review with a higher mark." For example, “Yes, I did not attend four client meetings out of the seven that took place, BUT I was in the hospital during each of the four meetings due to my heart condition.” Here is another “affirmative defense”: “Yes, my group did not make enough bricks to build the pyramid, BUT we were not given the straw to make the bricks.” A third one is “Yes, we did not make the required revenue target last year, BUT that is because our CEO forgot to provide the necessary approvals to close the deals necessary to make those targets.” Yet another: “Yes, we did not meet with the important client, and that upset him, BUT he repeatedly tried to molest a member of our team, and our reports of this to HR went unheeded; for safety reasons, we could not meet with him.”. • Become a Member (10% OFF) Highlighting the good things ahead of type is a great way to influence the manager's opinion, but the article is really about handling an unfair or negative performance review. Imagine, just for the moment, that you learn that over the past four years nine of your colleagues have also experienced false, dishonest, or mistaken Performance Reviews from this Reviewer, and each was later found to be correct in their rebuttals. She just never saw it coming. Keeping in mind the overall goals of your effort, and the facts before you, it is always good to be clear toward the end of your Performance Review Rebuttal about what you would like to happen, and why. Note any (a) factual errors, (b) inconsistent statements, and (c) failures in reasoning. No one is entirely pure of heart. Always be proactive. The same goes for errors in reasoning. But remember the goal of a performance review: to improve performance. Failure to take such matters into consideration when evaluating an employee’s performance makes the evaluation a mischaracterization, a miscalculation, and nothing less than a significant error by the Reviewer himself or herself. It is not an emotion. As she had each year before, Margaret received word she was to meet with her supervisor to go over her annual review. Year in and year out, Margaret’s performance reviews were either “exceeds expectations” or “meets all expectations.” What’s more, Margaret had received significant bonuses, promotions and awards for her good work. Get a copy of your Performance Review, and read it over carefully. To obtain a copy, simply [click here.] In February of each year, Margaret’s company disseminated annual performance reviews. No matter what, keep calm and courteous throughout your Performance Review meeting. If you are unhappy about approaching your supervisor to find out the correct route to take, or if your direct supervisor was responsible for the bad report, then approach the human resources department for help. In most cases, rebuttal is, at best, a waste of time. When Margaret met with her supervisor, as was the custom, Margaret was handed a copy of her annual review to read before the two discussed it. When she saw her overall evaluation to be “Partially Meets Expectations,” her first thought was “They must have given me someone else’s performance review by mistake.” No such luck; it was hers, and it was brutal. Never discuss the issue with your co-workers. This is a sample disagreement letter format to an employer by an employee for performance evaluation.The purpose of this online sample letter template is to familiarize you with the right format for this kind of a cover letter and get you the best example to make a beginning. WHAT YOU CAN DO: Here are 16 Steps to a Robust Rebuttal to a Performance Review that is  inaccurate, misleading, wrong, unfair, dishonest or otherwise problematic: 1. Another reason that Margaret didn’t see it coming. If you want to ventilate your frustration or anger, then do it with somebody outside the organization. Note, too, that “getting even” is not one of your goals. Concentrate on the major issues you have already identified and stick to your prepared response. 11. It is not a mental impression. It's not just a case of correct spelling and grammar; you must write in an effective style. Nothing new in that; that is what happened each year. It is just a fact that no one – even supervisors – is perfect. It may be that potential appraisals have been overlooked, so you should stick to the major points and concentrate on issues that can be demonstrated. Consider “affirmative defenses,” such as (a) periods of incapacity, (b) denial of necessary resources, (c) apparent sabotage, (d) harassment/hostility, and/or (e) a higher purpose, made it impossible. Gone is the time that an employee who receives a negative Performance Review can simply say, “Oh, well, I will just try harder next year.” That time is long gone. SkloverWorkingWisdom™ emphasizes smart negotiating – and navigating – for yourself at work. If your manager hasn’t provided specific examples to support general statements, make a And ask, too, for a response within a reasonable period of time, usually seven to ten working days. A rebuttal letter is a formally written communique that expresses the ideas, arguments, and the terms of a rebuttal. Of course, they were not contacted. When a defendant is alleged to have committed a bad act in a lawsuit, the defendant usually says, in effect, “I did not do that.” However, the defendant can also say, “I admit that I did that, BUT because of something else, it was NOT WRONG to do so.” That is called an “affirmative defense.”, Here are a few examples: Incapacity: “Yes, Tax Auditor, I failed to file my taxes on time three months ago, but I was in a coma at the time.” Coercion: “Yes, Officer, I did take the jewelry from the store, but a kidnapper had my child and said that if I did not do it, he would kill the child.” Higher Purpose: “Yes, Your Honor, I was traveling faster than the speed limit, but at the time I was bringing a seriously burned firefighter to the nearest hospital, and it was necessary to save his life.”, These and other “affirmative defenses” admit the wrongful act, but still argue against liability for doing the wrongful act. • Receive our Posts (RSS Feed) • Alan L. Sklover’s Blog. Don’t do it. For example, if your sales for the year were 2% under goal, and your Performance Review says they were 20% below goal, that is surely significant. If you have to produce a written response, then make sure it is written correctly and in the most effective manner. What really bugs me this goes against some very basic principles of performance evaluation. To do so, just [click here. “The only perfect person After you’ve reviewed the appraisal objectively, write a letter of appeal and build your case. [performancereviews]. • Make notes of any questions you’d like to ask your manager at the next meeting. I am also of the firm opinion that, if not addressed promptly and thoughtfully, a negative Performance Review can become a much greater problem, potentially leading to a lower bonus, diminished chances for advancement, loss of ability to transfer within the company, or even job loss. *A note about our Actual Case Histories: In order to preserve client confidences, and protect client identities, we alter certain facts, including the name, age, gender, position, date, geographical location, and industry of our clients. We apologize. Those in need of legal advice, counsel or representation should retain competent legal counsel licensed to practice law in their locale. His credits include hard backed books and numerous academic articles. Some employers have a certain procedure and a certain form that employees must use to respond to their Performance Reviews. And please do not say or write “I am not a buddy of the Reviewer, so she must have been targeting me as part of animosity.” And just because you reported wrongdoing, that – alone – does not mean that your Performance Review is an act of retaliation. Some forms only permit a certain number of words, or require only that certain boxes be checked off. It is also important that the appraisal or disciplinary action be unfair. If you can identify other facts, acts, events or circumstances, that might lead others to say, “Yes, that makes sense – I think you are probably right about there being improper motivation(s) for your poor Performance Review.” Try to be specific, for specificity leads inexorably to credibility, and lack of specificity leads others to doubt your view. There are, of course, many, many others. 5. Problematic Performance Reviews arrive in your email mailbox when you least expect them. And always do what you can to achieve for yourself, your family, and your career. Surely something is in error, as the two statements have no rational connection. Are Performance Reviews ever modified as a result? Remember that many supervisors will always include a number of negative elements; company policy may even dictate this. While you are writing, bear in mind that the goals of your efforts are to (1) correct the “record,” (2) to prevent any negative consequences from it, and (3) to show you are capable of protecting yourself. Take all available steps to increase and secure employment “rewards” and eliminate or reduce employment “risks.” That’s what SkloverWorkingWisdom™ is all about. Sorry, your blog cannot share posts by email. 9. Just make sure you have given considerable thought to what it is you want, and that you respectfully request it. As requested Margaret signed her name at the bottom of the last page. As she opened the papers before her, Margaret was startled to see a few comments that seemed negative, and a few “needs improvement” boxes checked. Never make an informal response to a performance review, but find out what the correct procedure is and adhere to it. Take some time to reflect and calm down before you begin writing a rebuttal letter. Always be creative. Some people get angry and loud – or even threatening – when they are dishonestly or unfairly criticized. For example, is the response usually put into the employee’s HR file? In a 2013 poll of U.S. employees, 53% of respondents said their review was not a fair, accurate representation of their performance, and 65% said they were surprised by review feedback they got. An unfair performance review can leave you fuming, fearing for your job, or both. Margaret went silent, and barely spoke a word throughout the entire meeting. Photocopy the performance appraisal to use as a working copy for your draft. Just one “poison arrow” can kill your credibility, obscure  your arguments, and turn your readers off. • Media Inquiries I assure you that your manager or his higher management will not come to you and say "Oh, you are right; we are wrong. © 2012 Alan L. Sklover, All Rights Reserved. How to Write a Rebuttal Letter to Your Employer. Even then, I expect you will now be better equipped to respond with respect, clarity,  focus, organization, effect, and confidence. The following question is commonly asked of me: “Must I acknowledge receipt of my Performance Review?” The answer is, “If you are asked to do so, yes, you must.” Otherwise, it could be deemed a refusal to cooperate with company procedures, which is a kind of insubordination, for which you could be fired. If the review is accurate, use it as an opportunity to figure out ways to improve your performance. It's best not to vent these feelings immediately or argue with the supervisor. If many others view your performance as positive, maybe your Reviewer does, in fact, have it wrong. Make a list of all factual errors that exist in your Performance Review, provided they are not simple typos or otherwise without significance. For example, Bad performance review rebuttal keyword after analyzing the system lists the list of keywords related and the list of Bad performance review rebuttal examples. Copyright 2021 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. For example, on the one hand, a sales achievement of 135% of goal, and on the other hand, “failed to meet sales goal” are simply not both possible. Some companies may not have such highly detailed policy, but in any organization where performance reviews exist, there will be at minimum a conventional procedure for contesting them. Seek Legal Counsel – Once you can prove your performance review was inaccurate, find legal counsel to help you understand your rights. If You Disagree, Say So. Are your achievement of assigned goals or specified success criteria being ignored in your Performance Review? She was told perhaps she should consider looking “elsewhere.”. When employees get an unfair performance appraisal, typically their only choices are to accept the blot on their work record or find a new job. If you have carefully considered the steps outlined above, putting together an effective Performance Review Rebuttal should be an easier task than you might have imagined. Consider what  else may be wrongly ignored and missing from your Performance Review, such as (a) no prior notice of problems, (b) absence due to maternity, illness, personal leave, etc., (c) relative performance, and/or (d) directed diversions of your time and attention. 4. And, yes, I have come to view them as something that an attorney can – and should – help employees with. Nobody likes being told they’re not doing a good job, but like everything else in life, it’s how you respond to the criticism that will determine whether you sink or swim. Consider whether others have faced or reported similar problems with your Reviewer. You will need this kind of letter to counter any unfounded allegations, request for a refund after the purchase of fake items and respond … Here’s how to manage your emotions and move forward. General Tips for Crafting a Rebuttal Letter. LESSON TO LEARN: In the first 25 or so of my 30+ years of working with employees, I shared the commonly held view that Performance Reviews were “no big deal,” that they were not usually cause for concern, and that they surely were not anything an attorney was involved with. Then transmit your Performance Review Rebuttal  to your best “target,” usually either one or more of (i) your Reviewer, (ii) his/her manager, and (iii) your Human Resources Representative. Keep your words and phrases impersonal and professional. You may want to move forward as soon as possible if, as is common, your bonus for the year will soon be based on your annual performance rating. Negative performance reviews are a big disappointment not only for the employee but also the reviewer When writing a rebuttal to a performance review. While nothing can be guaranteed as to the result of your efforts, what is guaranteed is that learning how to stand up for yourself – and thus for your career and your family – is what you need to do in the modern world of working. Even if you believe “This is personal,” you must not permit your Rebuttal to make it appear that you are getting down to that level. “What to Say / How to Say It.™” Just [click here. Ask your boss to explain each criticism. Performance is not a feeling. If somebody makes an general affirmation, ask for clarification, details or examples. Make Sure It is Best Possible Surely, this circumstance would suggest that your similar concern has a greater likelihood of being found to be correct, and therefore believed, too. The individual should keep a positive tone throughout the letter and express optimism regarding the resolution of the matter. Unfair performance review - what to do about it? ” Try not to use the words “he, she, they, us, or them.” Instead, use the words “the Review,” or “the Reviewer.” Keep it cool, calm and professional; no personal invective, even if it is warranted. Job Security and Career Success now depend on knowing how to navigate and negotiate to gain the most for your skills, time and efforts. Your objective is to strike on the most important issues and concede on the lesser ones. She was told performance reviews are “not negotiable.” She was told that perhaps she should consider whether her job was really the right fit for her. Rob Hildegard has more than 25 years of ghostwriting experience. Email makes a clear record of (a) what was said, (b) who said it, (c) to whom, and (d) when it was said. The letter must be factual and display minimal emotion. Your boss could really use some coaching or training in this area. New York Times: Bad Review? 15. For example, if your sales total for one quarter was 2% under goal, and on this basis your Performance Review states that you failed to maintain client relations properly, the two just don’t make sense. If your required rebuttal form is “restrictive” in this way or others, just ignore it, and do what you think is your best job in rebutting. A rebuttal will likely gain you nothing. To write a rebuttal to a negative performance review, an employee should quote the erroneous sections of the review that need rebuttal. .” but instead, “The review is mistaken when it says. ACTUAL “CASE HISTORIES”: For nine years, Margaret, was universally considered a top performer in her position as Vice President of Vacation Residences for a diversified real estate company. If your goal is a severance package, you may want to review our many articles, Q&A’s and videos on our blogsite’s Resource Center. Step #7: Plan For Your Next Review. Though it is a sensitive topic, if it helps keep you employed, or helps you get a better bonus, or even makes a transfer possible, it may just be worth the effort. Years or so has made me feel quite different should only set a meeting! An incorrect or inappropriate response could make the situation worse that he has given much.. ] told I would be fired in 60 days if my `` issues '' not..., all Rights Reserved notes of any questions you ’ d like to ask Reviewer. Inaccurate, find legal counsel to help you understand your Rights regarding resolution... 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'S writing preferences and specialties include health issues as they relate to men, legal issues and ignore the ones... 7: Plan for your job, or HR, whether a rebuttal and provided witnesses to.... Something that an attorney can – and navigating – for yourself, your family, the. Help employees with copies of their performance reviews at the bottom of the page... Including this one, ask for clarification, details or examples procedure ; study it carefully and follow through., then do it discreetly World – one Empowered and Productive employee at a time.... Statements, and protects the future there is temptation to take an issue with negative! Your previous years ' performance appraisals to the letter choice, how send... Is to say or write that you respectfully request it, a waste of time inappropriate response could make situation... Directly related to your own situation can leave you fuming, fearing for your next review period I told! 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