How To Deal With an Unfair Performance Review in Florida

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 Are Performance Reviews Required by Law in Florida for Employees?

In short, it depends. Performance reviews are legally required for state employees under Florida Statute Section 110.224. That statute mandates a systematic performance evaluation system for state workers. Chapter 110 of the Florida Statutes also requires structured appraisals that influence promotions, salary adjustments, and disciplinary actions.

However, Florida law does not require private employers to conduct performance evaluations. In other words, when it comes to private practices, performance reviews are not required by law for their employees. Although many private companies choose to implement review systems, there is no statutory obligation to do so.

There is, however, one exception. Florida Statute Section 1012.34 specifically requires performance evaluations for instructional personnel and school administrators in the education system, which incorporates student performance metrics and administrative assessments.

What Is a Forced Ranking System?

A forced ranking system in Florida is a performance evaluation method where employers rate their employees against each other on a comparative scale. This often requires managers to distribute ratings according to predetermined percentages or quotas.

For instance, a system might require that 20% of their employees must be rated as top performers, 70% as average, and the remaining 10% as poor performers. Although Florida statutes don’t specifically address forced ranking systems, these evaluations must comply with Florida’s anti-discrimination laws and Federal Civil Rights statutes.

Public sector employees have additional protections under Florida Statute Section 110.224, which, as noted above, requires that performance evaluations be objective and based on established performance standards rather than any arbitrary comparisons.

As such, forced ranking systems can face legal scrutiny if they:

  • Result in discriminatory impact against protected groups, such as age, gender, etc.
  • Violate age discrimination laws
  • Conflict with any union agreements
  • Breach an employment contract

In other words, Florida public employers must ensure that any ranking system aligns with the statutory requirement for “a performance evaluation system . . . established as a basis for evaluating and improving the performance of the state’s workforce,” which is found Florida Statute Section 110.224(1).

How Might a Forced Ranking System Affect Me?

A forced ranking system in Florida’s workplace can significantly impact your employment situation in several different ways. First, when employers use this system, your performance rating depends more on how you compare to coworkers, rather than your individual achievements.

Thus, even if you meet or exceed all job requirements, you might still receive a lower rating simply because others performed marginally better. These rankings can then directly affect your professional growth and financial prospects. For instance, your compensation, including raises and bonuses, may depend on your position within the ranking system.

Career advancement opportunities often favor those in top rankings, whereas lower rankings might trigger mandatory improvement plans or, in some cases, can even lead to termination. Additionally, the financial implications extend beyond immediate compensation. Your ranking position can also influence long term earning potential, bonus eligibility, and your access to professional development opportunities.

Ranking systems also often create a more competitive workplace environment, potentially increasing stress levels and reducing collaborative efforts among team members. Perhaps most significantly, since forced ranking systems require some employees to be rated lower regardless of actual performance, you could find yourself facing career challenges even when you were performing your job well.

All of the above aspects of forced rankings can affect the overall workplace morale and employees’ job security, as even competent employees might receive lower ratings due to the system’s predetermined distribution requirements.

Are There Any Protections Against Performance Evaluation Discrimination?

Yes, Florida offers several legal protections against performance evaluation discrimination. The main form of protection stems from the Florida Civil Rights Act and federal laws, which provide safeguards against discriminatory performance evaluations.

Under Florida Statute Section 760.10, employers cannot discriminate in performance evaluations based on an individual’s:

  • Race
  • Color
  • Religion
  • Sex
  • National origin
  • Age
  • Disability status
  • Marital status
  • Pregnancy status

If you have experienced discrimination during the course of a performance evaluation, you have all of the following legal avenues for addressing the discrimination:

  • You may file a complaint with the Florida Commission on Human Relations (“FCHR”)
  • You may file a formal complaint with the federal Equal Employment Opportunity Commission (“EEOC”)
  • You may also choose to pursue private legal action after exhausting your administrative remedies

It is important to note that Florida Statute Section 448.102 protects employees from retaliatory performance evaluations when they engage in protected activities, such as whistleblowing or filing discrimination complaints.

What Should I Do if I Have Been Subject to Performance Evaluation Discrimination?

If you believe that you’ve experienced performance evaluation discrimination in Florida, it is recommended to take the following steps:

  • First, you should always document everything. It is important to keep copies of your performance evaluations, emails, and any evidence showing your discriminatory treatment, being sure to note specific incidents, dates, and any witnesses to your alleged discrimination
  • Second, you should immediately report the discrimination to your employer’s Human Resources department or your appropriate supervisor in writing
    • Under Florida law, giving your employer a chance to address the issue is often important for any future private legal claims
  • Next, you should file a complaint with the Florida Commission on Human Relations within 365 days of the discriminatory evaluation
    • You may also choose to file with the federal EEOC, which has a work sharing agreement with FCHR
  • Next, it is recommended to consult with a discrimination lawyer in Florida who can evaluate your case and advise on your legal rights under Florida Statute Section 760.10, which prohibits employment discrimination
  • Finally, you should always maintain professional behavior and continue performing your job duties while your complaint is being investigated

It is important to remember that Florida is an at-will employment state. This means that employers can terminate employees at any time, for any legal reason or no reason at all, without advance notice. Similarly, employees can quit their jobs at any time without providing a reason. However, termination cannot be discriminatory, violate public policy, or be retaliatory against employees who exercise their legal rights.

How Do I Prove Discrimination at Work in Florida?

In order to prove workplace discrimination in Florida, you must establish the following legal elements:

  • Your Protected Class Status: First, you must demonstrate that you belong to a protected category under Florida Statute Section 760.10, which includes:
    • Race
    • Color
    • Religion
    • Sex/Gender
    • National Origin
    • Age (40+)
    • Disability
    • Marital Status
    • Pregnancy
  • Qualification: Next, you must demonstrate that you were qualified for your position and meeting job expectations
  • Adverse Action: Next, you must demonstrate that you experienced a negative employment action such as:
    • Termination
    • Demotion
    • Denial of promotion
    • Reduction in pay/benefits
    • Hostile work environment
  • Different Treatment: Then, you must show that similarly situated employees outside your protected class were treated more favorably under similar circumstances
  • Causal Connection: Finally, you must provide evidence showing the adverse action was motivated by discriminatory intent rather than by legitimate business reasons

If you are able to prove all of the above, you are likely to have a successful discrimination case. As can be seen, the burden of proof initially falls on the plaintiff to establish the above elements. Then, if successful, the employer must then provide a legitimate, non-discriminatory reason for their actions. The employee must then prove the employer’s reason is pretextual (i.e., false).

Should I Hire a Lawyer?

If you are having an employment issue based on a wrongful performance review, it is highly advisable to consult an experienced discrimination lawyer in Florida. LegalMatch can assist you in locating and setting up a lawyer consultation with an attorney who is experienced in both state and federal employment laws.

An employment lawyer will be able to provide you with tailored advice based on your specific case and circumstances. They will also be able to help recommend your best course of legal action in order to resolve your issues.

Should court intervention be required, such as for wrongful termination based on discrimination, an employment lawyer will be able to help ensure you meet any state requirements for exhausting your administrative remedies.

Then, should those administrative remedies not resolve your dispute, they can draft and file a private civil lawsuit against your employer. Then, if a settlement cannot be reached, your attorney will be able to represent your interests in court, as needed.

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