Legal Question in Discrimination Law in Michigan

Defamation of Character

Our boss has to evaluate

each employee on a scale of 1-5 (5 being the best) in 4 catagories: task/reliability/guest service/Initiative

My scores were T- 3, R- 4, I- 2, GS- 2. This is not true my evaluations in the past are all good. I'm sure I was not suppose to this it was left on the boss's desk and I happen to see it. This information is something forwarded to our corporate offices therefore, Our DM and HR probably think I am a piece of crap. The reason for this evaluation is to further cut 10% of the staff by lowest score. This is to take place in Feb. Also, with this company you are invested in their profit sharing after 5 years of employment. I will have 5 years mid-summer 2004. I feel horrible this is not true... I can't confront him because I will probably get in trouble for reading material on his desk. This boss has been with us 2 years. My reviews with him have been at least meets expectations or above. He has never written me up for bad performance. He gets great feed bad on guest service. I will probably be let go in Feb.

He has even told me on several occasions things I have done look great, and that I am the most knowlegable associate he has.

Asked on 1/31/04, 9:36 am

2 Answers from Attorneys

William Stern William Stern, P.C.

Re: Defamation of Character

There is no protection under Michgan law for unfair evaluations. The employer can fire you even if they don't like your looks. That is why people unionize. The irony of the situation, is many of the people who have been the most conservative and aniti-union, etc., are flabbergasted when they find they essentially have no rights. The only protection you have is by statute. That is why they pass civil rights laws (race, religion, color, creed, national origin, sex [not necessarily orientation], also handicappers rights, age, etc. If the unfair practice is not the result of one of those factors that fits within one of the statutory cubbyholes, you are SOL. Welcome to the world created by the George Bushs and John Englers of the world. Bill Stern 248-353-9400

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Answered on 1/31/04, 5:18 pm

William Stern William Stern, P.C.

Re: Defamation of Character

By the way, I not only represent individuals but I am the corporate attorney for a fairly large company dealing with labor issues so I defintely see both sides. Bill Stern

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Answered on 1/31/04, 5:20 pm

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