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Steven Mitchell
Sack

The Employee’s Lawyer®

Welcome to The Law Offices of Steven Mitchell Sack

Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

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How Do Employers Use Performance Reviews Against Employees?

Performance reviews are a regular part of almost every job in existence, with employees evaluated based on their ability to adequately perform their job duties. In theory, these are innocuous, a sensible part of ensuring employees are on task and doing their jobs. In reality, however, performance reviews can be used as a tool to deprive employees of their pay and benefits, and to conceal potentially illegal labor practices.

What Are Performance Reviews?

Performance reviews are, broadly speaking, any type of review of an employee’s work that evaluates their ability to handle their jobs. This could evaluate their basic competence at required job tasks, as well as their punctuality, their ability to meet deadlines, and how satisfied clients or customers are with their service. Normally, a performance review is meant to determine if a person might be eligible for a raise or promotion, or if they may need to face professional consequences for failing to do what is required of them.

How Can Employers Abuse Performance Reviews?

In theory, employers should be honest when evaluating an employee to ensure they are given the treatment they deserve. However, dishonest employers can use performance reviews to justify penalizing an employee for unrelated activities they find undesirable, such as promoting labor organizing or expressing pro-union views. They can also use them to justify discriminating against employees, or to punish an employee who reports labor law violations.

Why Do They Do This?

Discriminating against an employee on the basis of race, sex, religion, nationality, or other legally protected categories of traits is illegal, as is discriminating against someone who reports labor violations. It is also illegal to punish an employee for engaging in legally protected labor activities, such as promoting union organizing. Bad performance reviews can create a veneer of legitimacy to discriminatory or otherwise illegal actions, allowing them to justify potential labor violations on the basis of their poor job performance.

What Can an Employee Do if This Happens to Them?

If you are an employee who has suffered poor performance reviews for no apparent reason, and especially if your reviews have declined after reporting discrimination or other labor law violations, you should speak to a lawyer immediately. In addition, always consider writing a rebuttal if you believe the comments in your performance review or performance improvement plan are subjectively unfair or factually incorrect. An attorney with experience handling labor and employment law cases can help you to obtain the compensation you deserve. An experienced lawyer can also help you draft a rebuttal letter in response to a negative performance review. The sooner you call, the sooner they can get to work to get you justice for the harm you have suffered.

If you have gotten into a legal dispute with your employer, it is important that you seek the guidance of an experienced New York employment lawyer who can protect your legal rights and advocate on your behalf. Steven Mitchell Sack, the Employee’s Lawyer, is a New York employment lawyer with more than 40 years’ experience handling the many aspects of employment law. To schedule an appointment with New York City employment lawyer Steven Mitchell Sack, call (917) 371-8000 or visit his contact page.

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    Our Reviews and Client Feedback

    My experience working with Steven was fantastic. From the initial conversation, he was realistic and measured my expectations, while being incredibly validating. He made the process as smooth as possible, keeping me in the loop at every turn. His reassurance throughout was greatly appreciated as well. I cannot recommend Steven highly enough!
    Steven is simply phenomenal! From the moment we first connected, I could tell we were cut from the same cloth. I am always direct with and relentlessly supportive of my collaborators and clients, and Steven is no different. He is a well-informed, no-nonsense, straight-shooter who does what’s necessary to yield favorable results, which is exactly what he did for me. I protect my colleagues, which is why I’ve already been referring them to him too. With Steven on your side, you can’t go wrong. He just won’t let you.
    Steve is awesome. Honest and tells it like it is. So happy I spoke with him.
    I can't recommend Steven Sack highly enough. He is an exceptional employment lawyer—knowledgeable, strategic, responsive, and incredibly effective. From our first conversation, I felt confident that I was in the best possible hands.

    Steven achieved an outcome that far exceeded my expectations and brought an enormous sense of relief during an incredibly stressful time. His expertise, professionalism, and ability to navigate a difficult employment matter were truly outstanding.

    If you're looking for an employment attorney who is experienced, compassionate, and delivers results, I would wholeheartedly recommend Steven Sack.
    From my very first conversation with Steven, I knew I was in good hands. He took the time to truly listen to my situation, made me feel heard, and immediately gave me confidence that I had the right team on my side during one of the most difficult times in my life. One gesture that I’ll never forget was when he sent me a copy of his book with a thoughtful handwritten note. It wasn’t something he had to do, but it showed the kind of person he is and how much he genuinely cares about the people he represents. His guidance went far beyond legal advice. I can’t say enough about how grateful I am for Steven and the decades he has dedicated to advocating for his clients. It’s clear that this isn’t just a profession for him. He truly cares about helping people move forward. I feel incredibly fortunate to have been one of his clients, and it was an honor to work with him. I’m deeply grateful for everything he did for me and would recommend him without hesitation.

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