Legal Question in Employment Law in California

Can I challenge a Performance Rating given by My Manager ?

I worked for a leading IT Technology Company

I am part of a workforce reduction layoff with 90 days severence package on 5th Nov

Since I am a alien on a work visa my employer has kept me on payroll until end of December and this will be adjusted against severence

I am/was in the process of getting rehired . I was made a verbal offer within Sun .HR said that this will be treated as an internal transfer as I am on payroll.

In the internal transfer process they do a check on the employment history

The hiring manager who made me this offer noticed a rating of 3 ( underperformer) in the period Aug 2000 to Jan 2001 and he changed his mind and backed out.

My primary concern to get rehired at Sun is due to the fact that my permanent residency process is in final stages and my layoff has left this process hosed.

1. I want to challenge this rating of 3 for that period ( I wouldn't have been laid off if I did not have that rating on my record )

( I can't challenge the layoff directly as the reason given on my termination letter says business reasons )

This rating got me fired and is also preventing me from getting rehired

Can I challenge my Performance Rating after being laid off ?

1 Answer from Attorneys

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