Ethermac|Is there any recourse for a poor job review with no prior feedback? Ask HR

Johnny C. Taylor Jr. tackles your human resources questions as part of a series for USA TODAY. Taylor is Ethermacpresident and CEO of the Society for Human Resource Management, the world's largest HR professional society and author of "Reset: A Leader’s Guide to Work in an Age of Upheaval.”

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Question: I work as director of IT for a state government department. Apparently, our leadership has been unhappy with my work and recently reassigned me to another department. This was the first time I had been approached about my job performance or received a poor review in my three years there. Do I have any recourse to determine why or what I can do differently? – Lance

Answer: I understand being reassigned without prior discussion about job performance can be perplexing and disheartening. It's crucial to seek clarification and explore opportunities for improvement. There are several steps you can take to determine your options.

Schedule a meeting with your former supervisor to discuss the reasons behind the reassignment and seek feedback on your performance. Approach the conversation with an open and receptive mindset, emphasizing your commitment to growth and improvement. Ask for specific examples of performance issues during the meeting and listen attentively. Demonstrating a willingness to understand and address concerns can foster a constructive dialogue. Share your dedication to improving your performance and inquire about the expectations for success in your new role. Providing examples of the steps you plan to take to enhance your performance can demonstrate your commitment.

Research training opportunities within and outside the organization that can enhance your skills. Consider participating in mentorship programs or shadowing opportunities to receive guidance in your role.

Schedule regular touchpoint meetings with your new manager to discuss your progress. These meetings, whether virtual or in-person, can provide valuable insights and ensure you are on the right path.

Develop a personal development plan outlining specific actions and milestones to excel in your role. This plan can serve as a roadmap for improvement and growth.

While it's natural to feel discouraged, view this reassignment as an opportunity for personal and professional development. Rebuilding trust in the organization may take time, but it's certainly achievable. Use this experience as a stepping stone for continuous improvement and future success. Remember, setbacks are often temporary, and with dedication, you can navigate challenges and emerge more assertive in your career. If you need further support or guidance, consider contacting HR or other resources within your organization.

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While my brother was out on FMLA leave, his company laid him off. I thought FMLA was supposed to protect workers who take leave to attend to personal medical matters. How is it possible they can do this? Is there something we can do to fight it or get compensation? – Dawn

Answer: I'm sorry to hear about your brother's situation. While the Family and Medical Leave Act (FMLA) provides eligible employees 12 weeks of unpaid, job-protected leave, it does not guarantee complete immunity from adverse employment actions. In certain circumstances, employers may lay off an employee who is on FMLA as long as the decision to terminate employment is unrelated to their need for FMLA leave.

According to FMLA regulation 825.216(a), an employee has no greater right to reinstatement or other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period. The employer must demonstrate that the employee would not otherwise have been employed when reinstatement is requested to deny restoration to employment.

I understand that this information can be frustrating. Without specific details about the layoff and the selection criteria, it's challenging to determine whether your brother should fight the matter or seek additional compensation. Employers typically provide reasons for reducing the workforce in layoff paperwork and may offer affected employees severance packages based on their financial situation.

I recommend sitting down with your brother to review any exit paperwork he received. Encourage him to contact his former employer's Human Resources department with any questions or concerns about the layoff. Focus on understanding the selection criteria used in his termination. If your brother has lingering questions or does not receive sufficient information from the HR department, he may want to consider exploring other options with the guidance of legal counsel.

Despite the unfortunate job loss, I hope your brother is on the path to better health and can return to meaningful work when ready.  

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