So I'm having some work blues. I work at a female dominated company as a graphic designer. I was criticised recently during my performance review of being "defensive" during critiques of my work. The reviewer specifically said "Its not what you say its your TONE of voice". I feel I am very open to suggestions and constructive criticism.
I have good report with my teammates-- or so I thought.Sometimes I have to repeat myself a few times or emphasize my tone of voice to communicate and get my point across. I WISH and dream that I could have a different tone of voice and different inflections. Anyways- I feel I am being completley misinterpreted and really taken advantage of This review kind of determines my fate too. Due to her comments I am not going to get the promotion I've been working my butt off for.

anyways-- advice? DO I have any protections???

Not knowing CA labor laws I'd have to say I'm not sure. I've GM'd in two different states and I had to be up on the labor laws in WA and ID, it varies considerably state by state.

I would study your companies employee handbook first though as generally speaking, it's your principle "employment contract" and generally your rights and protections are detailed therein, unless of course you have a seperate employment contract and then you have to take both as a whole, with your primary contract superceding the handbook.

Let's face it though, CA is notorious for having liberal labor laws so I'm sure you have some protection there. I would also not be above crying descrimination...technically they are judging you by your "tone" when you've had a cancer and surgery that affects speech. As a former employer I'd be a little frightened of that being in your employment record. I would talk to HR and if you don't find satisfaction there, talk to a labor attorney. Depends on how nasty you want to get. Personally, I'd be pissed and cry foul, especially if someone judged me on my tone after what I've been through.

good luck, knowledge is power, so do your homework there on the labor laws and handbook etc..

Eric

Thanks Eric for listening I don't want to cause trouble for myself or for her. I was just kind of shocked and insulted. I just want to document what was said to me because it was very hurtful and totally offbase. I'm speaking with HR tmmorrow just to make them aware of the situation.

K

I remember Carol had worked as a Cook (very good one I will add) at one of a world-renowned sports venue. Excellent reviews, well liked by Chefs, fellow employees, "sport stars" and the public. Assumed additional responsibilities of kitchen manager who had taken maternity leave. When it came time for the yearly bonus, they didn't want to give it to Carol....Made up one excuse to another. I went through the employee handbook, page by page, word by word, highlighting the will, will not, maybes of everything relevant to pay, bonuses, etc. I typed a letter (I sound like a dinosaur!) stating all the facts, people Carol had talked to, times, dates and referenced all the pages I had highlighted in the handbook that I thought were pertinent. Then I mailed a certified copy to everyone, her immediate boss, HR, CEO, CFO. Carol was called into the "office", the lawyers were there and they acknowledged "their" mistake, but Carol had to sign a document saying to receive her bonus she will not sue the "sports venue" then or anytime thereafter. Basically until Carol's bloodline was gone from this world!! (I tried to tell Carol beforehand NOT to sign ANYTHING to get her bonus.) But Carol signed the document and got her bonus. All she wanted was her much deserved and earned bonus, nothing more. After that she quit, a major hotel chain heard she was available and she ended up working there....with more pay and benefits. But the kicker was the lawyers had to rewrite the handbook...too many loopholes. LOL

I agree with Eric and do your homework. You'll have to make a case with HR. HR's interest is focused on the Company not the employees. They are legally obligated by law to do just so much for the employee. You had cancer, the treatments have affected your speech, you have all the documentation...a case could probably be made for discrimination. IMO.

Linda

Kate,

I would just explain it the way you did in your opening post.

i think what they did is a bunch of bullsh@#.
im in texas but from what i know, i could not put anything in an employees review that had not been previously documented. it had to be a "write-up" and had to be signed by the employee, so it was not a shock or suprise when it was on their review.
sounds like u never heard them say anything about your "tone" before, which is why u are shocked and surprised by their comments . can u say...DISCRIMINATION????
it sickens me that one or a few people can make someone doubt their ability. but it happens everyday.

andy was demoted from area GM to an asst. SM, the DAY BEFORE his treatment started. they said he needed more training. although before his diagnosis, they gave him several positive reviews and thought his shit didnt stink! he never had ANYTHING negative said before this. after talking to HR (waste of time)he filed with the EEOC citing discrimination--they took his case. it is still pending.
DONT take this lying down...u do have rights...as eric stated, just research what they are.
good luck!

Kate

Hope your meeting with HR goes well. I know all too well about being criticized for subjective perceptions of the tone of my (former) voice & tenor of my comments. Hope your HR meeting goes well and don't worry about "causing trouble". If you do not object, then everyone assumes the supervisor's misplaced critique is correct. In that vein, if HR does not help, escalate it up the HR chain or to your supervisor's supervisor. I found that being "more trouble than I was worth" a very effective workplace tool in getting supervisors to behave themselves. Good luck
Charm

Kate
[quote=misskate] The reviewer specifically said "Its not what you say its your TONE of voice". [/quote]

You should ask what is meant by your tone of voice. Does this person think you are being defensive of every remark? The intention of a critique of work should be to improve the result. You are doing commercial work and should be judged on the quality of that work, not on your voice.

Before you go to HR or any one else in your company you should talk to the person who said this and ask for an explanation and say that you were surprised by the comment and ask that it be striken from the record. Ask if there have been complaints from any of the other workers and explain what you wrote in your post about your voice. "words from the heart go to the heart."

Best wishes,
Malka

Wow that sucks Kate. We've "known" you here for a long time and I cannot imagine you being anything but a team player at work. I agree with all the former posters - you do need to pursue this issue. Such subjective criticisms are B.S. No substance to it or he/she/it would have brought it to your attention before. So, to sum it up - what everyone else said - times two! We'll be looking forward to hearing how this goes.

Hugs

Donna

Thanks everyone for your advice. Well I'm glad I finally talked to them today. I've felt very vulnerable for awhile with different managers and the most recent incident just sort of pushed me over the edge.

Yes of course HR is always looking out for the company and looking out for not being sued. I had my written complain and a copy of the Americans with Disabilities act underlined with the parts that were relevant to me.... but I kind of wussed out. Too scared to make waves. I emphasized how the whole "tone of voice" comment was just really offensive and she said that she may have been referring to things other than my speech--- mannerisms, emails etc. Which is isn't true! I am very diplomatic & professional in my emails and mannerisms. So what could I say to that...?? I just explained to her how things go where its like 6 team members and this woman all giving me different art direction and changes at the last possible moment and that is very stressful.

We had a really nice talk and I told her all that had been happening and she took notes- so I'm assuming it was documented? Well I hope so.

Anyways- I'm going to document everything from now on myself in case this ever happens again.

I think these HR people must have a list of responses and reccomendations for dealing with workplace confict to try and "diffuse the situation".. I was on to her! She recommended that I meet again with this woman and talk it out (oh how fun for me!) and she also offered to mediate and speak with her herself privately. So that was good-- but I just don't want her to really hate frickin' hate my guts and never give me a promotion ever.. and I feel like that could happen. So I didn't want to screw myself.

Glad to hear of everyones different points of view and experiences.
It really is hard to be someone with a speech disability sometimes! People just take talking and eating for granted and they can't even fathom what it would be like to have these things compromised.

Thanks for listening!!!!!!!!!!!

I was being given this treatment by the steel company I worked for. One of my friends called me and told me I was listed as having a bad work record and missing too much work. I had been off for 11months from work related surgery for the 3rd time. Same injury but their Dr was incompetent. I went directly to the president of the Company and he was nice enough to let me explain that I received a letter informing me of of this. This guy went straight to the files and pulled my records. He had a shocked look on his face as he read my record. I had gone 7 1/2 years of never even being late and much overtime worked too. I had the best work record in the whole corporation. WE are talkng over 5000 employees. The one in management that was responsilbe for this screwup was fired and I was offerd a management position. He even had a letter typed up to be put in my file. It is worth going after whoever I learned that day.