Understanding Employee Rights in Performance Evaluations

Last week, a tech employee messaged me in tears. Her company was trying to force her out right before her $380,000 in stock options vested. Their tactics? Suddenly 'discovering' performance issues after 3 years of stellar reviews. Here's how we protected her equity: First thing we did: 1. Documented everything. •Screenshot every positive review •Saved every performance metric •Archived every congratulatory email •Backed up every team recognition 2. Built a paper trail. We responded to every new "performance concern" in writing: "To confirm our discussion about [issue] today, I've consistently exceeded targets as shown in [specific metrics]..." 3. Identified the pattern. The timing wasn't coincidental: •"Issues" appeared 90 days before vesting •Previously undocumented concerns •Sudden increase in scrutiny •Rush to put her on a performance plan The result? When we presented this evidence showing clear targeting before vesting, they backed off. She got her shares. Every. Single. One. Know Your Legal Protections: Employees have legal protections against terminations designed to prevent stock vesting, though laws vary by state: 1. California: Treats equity as wages, making it illegal to fire employees solely to prevent vesting. 2. Other States: Many uphold good faith employment practices, preventing firings designed to avoid payouts. 3. State courts have awarded damages when terminations were in bad faith. Key lesson: The moment performance issues arise near vesting dates, start documenting. Your equity is a legally protected right, not a corporate favor. Remember: Companies count on you not knowing your rights or being too scared to fight back. Don't let them win. Follow for more corporate tactics exposed and how to protect yourself. #EmploymentLaw #StockOptions #WorkplaceRights Disclaimer: This information is for educational purposes only and does not replace professional legal advice. It does not establish an attorney-client relationship.

Most PIPs aren't about improving performance. They're about creating documentation to justify termination. I see the same pattern repeatedly in my employment law practice: An employee with years of stellar reviews suddenly receives a PIP weeks after: • Disclosing a pregnancy • Taking FMLA leave • Reporting harassment • Requesting accommodation • Raising ethical concerns Companies know direct retaliation is illegal, so they manufacture "performance issues" instead. The playbook is predictable: • Vague, subjective goals ("improve communication skills") • Impossible metrics ("increase sales by [X]% in 30 days") • Moving targets ("that's not what we meant by improvement") • Short timelines ("complete all items within 2 weeks") What's most disturbing? HR departments know exactly what they're doing. What I tell my clients: • Document everything in writing, especially sudden changes in treatment • Request specific, measurable improvement criteria • Submit a formal written response challenging unfair characterizations • Begin looking for other opportunities And most importantly - talk to an employment attorney before signing anything. If you're facing a suspicious PIP, remember: it's not about your performance. It's about their protection. The system isn't fair, but knowing how it works gives you power.

🚨 Implicit Bias or Performance Review? Know the Difference. 🚨 Not all negative performance reviews are about actual performance. Sometimes, they’re about something else entirely—implicit bias. If your manager or supervisor holds underlying prejudices—whether based on race, gender, age, or another unlawful factor—your performance evaluations may be unfairly skewed. Bias can subtly shape how they interpret your work, leading to harsher criticism, lack of opportunities, and, in some cases, an intentional paper trail to justify your exit. Here’s what to do: ✅ Document everything—keep records of feedback, projects, and performance metrics. ✅ Ask for clarity—request specific examples when given vague or subjective criticism. ✅ Seek patterns—compare your reviews with peers to spot inconsistencies. ✅ Protect yourself—if necessary, escalate concerns to HR in writing, specifying clearly the unlawful discrimination and retain copies. If your performance is suddenly “under review” without prior warning or clear justification, it might not be about performance at all. It might be about bias being weaponized. Have you experienced this? Let’s discuss. #implicitbias #PerformanceReviews #WorkplaceJustice #employmentlaw #employmentlawyer #nyclawyer #attorney