Navigating a Biased Appraisal and Confidentiality Breach: Seeking HR Insights on My Exit Strategy

Chronology of Events

1. My senior colleague in America called me in the first week of January to disclose my rating and the broad feedback. It is pertinent to note that I don't report to her, and she has no functional understanding of my role. She is at a higher grade and more tenured in the team, but our roles are similar. I used to lead the APAC team until July last year, and she is leading the Americas. I guess she is not part of the same forced ranking curve as me globally. Our organization requires that the confidentiality of employees' ratings and appraisals be maintained between the Supervisor, HR, and the employee only.

2. She had no details to support the rating or feedback. Therefore, I scheduled a meeting with my direct supervisor (he took over from my earlier supervisor in the middle of last year), but he too did not have any details like who provided negative feedback on me to him, when, on which instance, what I did or did not do, etc.

3. He mentioned a couple of examples from April last year (we follow a January - December appraisal cycle), effectively meaning that my performance after that did not matter.

4. When I asked why he did not share the feedback during our weekly meetings last year, his only excuse was that he wanted to observe my performance for the rest of the year. In short, he denied me the opportunity to be aware of the feedback and take corrective action, if necessary.

5. He stated that mostly he has heard feedback like "you are difficult to work with" and "you lack the ability to sell," but could not substantiate where these perceptions were coming from or if any loss of deals was specifically attributable to my failure. Our organization requires supervisors to rate employees' performance and behavior, not their personality.

6. It must be noted that until October last year, he also persisted with allocating sales pursuits and the responsibility of hosting client workshops to me. If he indeed received the above feedback, he made no effort to upskill me or nominate me for training.

7. When my earlier supervisor quit in July last year, I was stripped of my responsibility to lead the APAC team. This was despite the fact that I was the top performer among my peers last year, in terms of handling a portfolio of projects and sales pursuits consistently. There were no documented complaints or escalations against me, and my utilization was among the topmost globally, despite 50% attrition in my team in 2018, which I managed to plug by mid-2019.

8. Up until that point in time, I was performing step-up roles for 30 months (hired as a Director and then bumped up to Senior Director due to entity integrations with no change in pay and then taking up the additional role of APAC lead in 2018), but none of these were considered in my appraisal.

9. A requisition for my backup was raised in October last year, and she was onboarded in December last year. It is pertinent to note that calibration discussions in my organization happen towards the end of October or by mid-November for senior levels. So, the decision on my rating, severance, and hiring my backup was taken well before the global calibration of appraisals for my grade.

10. My supervisor stopped allocating any work to me from November last year till now, despite my requests to utilize my free bandwidth.

11. I met my HR by the end of January this year to appeal against my biased appraisal, breach of my confidentiality in sharing my appraisal with my peer, and conflict of interest (my current supervisor is distantly related to me, which I realized in February last year, but I was not reporting to him until July last year). I gave them all the evidence I had for all of the above and did not accept my appraisal still (the deadline is already past).

12. My HR promised to constitute a neutral panel for hearing my appeal, and the panel is currently reviewing it. It is pertinent to note that the panel members are from another entity but lower in grade than my supervisor. I expect their decision within a week or two.

13. In the meantime, my HR proposed a settlement package of 3 months' gross pay in lieu of notice + 3 months' gross pay for severance, in case I am not able to find a role internally within the organization (out of my current team) and either find a job outside the organization or remain jobless at the end of April 2020. They said they will pay me the settlement irrespective of whether I get a job outside or not within April 2020. Obviously, if I get a role within the group, then there is no question of an exit settlement. This is documented on email.

14. I have not yet got any role internally since nobody wants to consider a '4' rater, and my HR is aware of it. I had a discussion with them to relieve me once the outcome of my appeal is known. I stand to lose the variable bonus for last year as well as the proportionate amount for 6 months of my settlement package if my appeal is rejected and the rating is retained at 4.

15. Surprisingly, my HR now contends that I have been on notice since February (after our discussion), and they are bound to pay only the 3 months' severance pay at the end of April, as agreed. I pointed out to them that I have not yet resigned, and therefore my notice period cannot start until I resign.

16. They insist that I have been drawing a salary without performing any work for 3 months, and therefore, they consider me to be on notice already.

I am still engaging my HR on the appeal process and discussion regarding my exit/settlement package. I did check with a couple of lawyers in parallel, and they opine that my HR is wrong in considering me to be on notice when I have not yet resigned. They have also advised that I need not resign unless the appeal panel upholds the rating and my deficiency in performance is proved with evidence. In case I choose to resign, they have stated that I can enforce the agreed settlement package in a civil suit since it is documented on email with my HR.

I have got another job outside, and I am not inclined to stay. I am also not inclined to take the legal route, in spite of suggestions, due to protracted timelines and cost. I would like to amicably settle with my organization and escalate up to the CHRO, if necessary. Please advise your opinion on the following questions from an HR perspective (only senior HR execs in their current org may respond please):

Questions for HR Perspective

1. I believe that the starting point of my appeal is my last appraisal, and if my supervisor cannot substantiate the perceptions thrown at me with appropriate evidence (not mere statements collated from others), then the appeal panel will have to reverse the poor rating, isn't it? If they do, who determines the appropriate new rating - my supervisor, HR, or the panel?

2. Am I right in claiming a violation of my data privacy since my rating and feedback were shared by my supervisor with my teammate in the Americas (please refer to point 1 above)?

3. If you refer to the chronology above, can you spot an element of bias in the process followed for my appraisal and exit (refer to points 9 and 10 above)?

4. Is my HR correct in claiming that I am currently on notice since they asked me to look for roles internally and externally? I thought I could at best be described as being on the bench since I have not yet resigned. I have a 3-month notice period per my offer letter, which both employer and employee have to adhere to.

5. Did my HR not undermine the appeal process for my appraisal by contending that I have been put on notice even when the appeal is in progress?

6. Isn't my organization bound to release the gratuity that is part of my annual CTC (retirals) and accumulated till now, since I have not resigned voluntarily and they are asking me to quit?

Please do respond to all the questions above.

Thanks

Dear Indinextdoor,

Your long post is nothing but a case study for HR professionals on various topics like Performance Appraisal, Organizational Communication, Organizational Culture, Flaws in HR processes, and so on. Apart from the additional text, you have given 15 points to explain the chronological events. Later, you have asked six questions.

What has happened to you is unfortunate. It appears that the systems and processes are yet to be stabilized in your company, and you are a victim of incomplete HR processes. Nevertheless, you mention that you have acquired another job. Therefore, set aside whether your current company was fair with you or not, just take the remuneration and move on. However, before moving on, obtain at least a verbal agreement from HR that they will not create any problems in the Background Verification (BGV).

You can sue your company for the unfair treatment and not following the principles of natural justice while terminating an employee. However, you will be dead tired by the time the court gives its verdict. Above all, the outcome of the court verdict depends on the forcefulness with which your lawyer argues the case in court.

Your major concern is getting an unblemished service-cum-employment certificate. Your other concern is maintaining the movement of the wheels of your career. Let there be no interruption; else, this interruption may prove costlier.

"Injustice never rules forever," goes the quote of Seneca The Younger, a Roman philosopher. Who knows but in your new company, you could be given far better treatment. However, make sure that you have better terms with your Manager. Your problem appears to have arisen out of disconnection between you and your manager.

Lessons for HR Professionals: This problem happening in "French MNC" speaks volumes. The post shows HR's job is not just to make policies but to identify flaws in them and foreclose any chance of bad repute to the company. The performance appraisal should be based on the material evidence of performance, and to avoid disputes, the evidence must be shared with the subordinate. This simple fact was ignored by the French MNC. The post also shows that HR professionals working in MNCs are also ordinary mortals, and the less they brag about being in an MNC, the better!

Thanks,
Dinesh Divekar

Thank you, Dinesh ji. The fact that this can happen to a Senior Executive in the organization indicates the scant impunity with which established processes are flouted in the Indian arm of MNCs. I have seen this with other organizations as well.

In my case, I had realized earlier that a contrarian view and sincerity are seldom appreciated in an Indian context. After all, there is an old saying 'Yatharthawaadhi Bahujana Virodhi'. One who speaks common sense becomes an enemy of the state! I need to temper my views with this realization now.

I am only pained at the lack of understanding of basic concepts within the HR function of such a huge organization.

The first question that needs to be answered here is whether you would like to stay at the company and fight your case to change the performance rating or whether you would like to take up the job at the new company and move on.

If you prefer to move on, then you also need to ensure, as explained by Dinesh, that in the future, your performance is not reported as poor during the BGV conducted by prospective employers.

So, if you would like to move on, it's better to talk with your lawyer and then inform HR that during an appeal process, if they consider you to be on notice period without any explicit act of resignation from your end, then this would be illegal and can be raised as a concern in the labor court. This way, a clean relieving letter confirming your performance as satisfactory can be attained.

Thank you for your kind inputs. As an update, my appeal has been rejected by an internal panel. I have requested copies of the evidence reviewed by the panel, but that request has also been denied. I will try raising my concern with the Group CHRO and hope the European office follows better rigor and courtesy.

I am also running out of time since I want to take up the new job on 27th April. I am too pained with the process now. It's not the feedback that hurts but the gross disrespect. I am inclined to take whatever severance is provided and continue my interactions with the CHRO's office from outside the organization, in good faith. I am not inclined to pursue a legal process for obvious reasons. I believe in God. Karma will catch up with us all one day.