Positive Performance Reviews and Wrongful Termination

The Paradox of the "Good Employee" Firing

There are few experiences in professional life more jarring than being handed a pink slip just weeks after receiving a glowing performance review. For many workers, a positive evaluation feels like a shield—a formal acknowledgment from the company that their contributions are valued and their job security is firm. When that shield is shattered by a sudden termination, the immediate response is often confusion. However, from a legal perspective, that confusion can quickly turn into a powerful asset.

In the world of employment law, a positive performance review followed by a sudden termination is frequently a red flag for "pretext." Pretext occurs when an employer provides a false reason for firing an employee to hide a discriminatory or retaliatory motive. If you find yourself in this situation, your positive reviews are no longer just morale boosters; they are critical pieces of evidence that can help you calculate the value of your wrongful termination claim and hold your employer accountable.

Understanding At-Will Employment vs. Wrongful Termination

To understand why performance reviews are so important, one must first understand the default rule of American employment: at-will employment. In almost every state, employment is considered "at-will," meaning either the employer or the employee can terminate the relationship at any time, for any reason, or for no reason at all, provided the reason is not illegal.

The Limits of At-Will Protection

While "at-will" gives employers significant leeway, it is not a license to break the law. Illegal reasons for firing include discrimination based on protected characteristics (race, gender, age, disability, etc.) or retaliation for engaging in protected activities (reporting safety violations, filing for workers' compensation, or whistleblowing). According to the U.S. Equal Employment Opportunity Commission (EEOC), employers are strictly prohibited from using termination as a tool for discrimination.

When the Reason is a Lie

When an employer fires an at-will employee, they often cite "poor performance" or "restructuring" to avoid suspicion. This is where the positive performance review becomes lethal to the employer’s defense. If your file is full of praise, the employer’s claim that you were a poor performer becomes a demonstrable lie. When a jury or a judge sees that the stated reason for firing is false, they are legally permitted to infer that the real reason was illegal.

Why Performance Reviews are "Golden Evidence"

Performance reviews are unique because they are contemporaneous records created by the employer themselves. Unlike your own testimony, which an employer might dismiss as biased, a performance review is the company's own admission of your competence.

Formal Documentation vs. Verbal Praise

While verbal praise from a manager is helpful, formal written evaluations carry much more weight in court. These documents usually include specific metrics, goal achievements, and competency ratings. If you have a review from three months ago stating you "Exceed Expectations" in all categories, and today you are fired for "incompetence," the company has created a massive evidentiary gap that they must explain.

The Importance of Consistency

Lawyers look for consistency in your employment history. A long track record of raises, bonuses, and positive feedback suggests that the sudden decision to fire you was not based on your work. This is particularly relevant in cases involving retaliation, such as the Trader Joe's NLRB ruling, where the timing of a firing following protected activity often overrides the employer's stated justifications.

The Legal Concept of Pretext

In wrongful termination litigation, the most common hurdle for a plaintiff is proving the employer's motive. Since managers rarely admit to firing someone because of their age or because they filed a complaint, employees must rely on the "McDonnell Douglas burden-shifting framework."

The Three-Step Dance

1. The Prima Facie Case: You show you belong to a protected class, were qualified for the job, and were fired.
2. The Employer’s Reason: The employer provides a "legitimate, non-discriminatory reason" for the firing (e.g., poor performance).
3. The Pretext Phase: You prove that the employer’s reason is a lie.

This third step is where your positive reviews shine. By showing that you were actually performing well, you strip away the employer’s "legitimate" reason, leaving their true, illegal motive exposed. This strategy was central in the case where Geisinger Health disability settlement was reached, highlighting how evidence of an employee's capability can undermine an employer's defense.

When a Good Review Meets a Sudden Firing: Common Scenarios

There are several common scenarios where a positive review serves as a smoking gun for wrongful termination.

The New Manager Syndrome

You have worked at a company for five years with perfect reviews. A new manager is hired, and within a month, you are fired for "performance issues." If the new manager’s criticisms contradict years of documented success, it often suggests the manager is cleaning house based on personal bias or a desire to hire younger, cheaper workers.

Retaliation for Whistleblowing

Imagine you just received a stellar annual review and a 5% raise. Two weeks later, you report a safety violation or financial impropriety to HR. Three days after that, you are fired. The proximity in time between the report and the firing, combined with the recent positive review, creates a nearly undeniable case for retaliation. For more information on workplace rights, the U.S. Department of Labor (DOL) provides extensive resources on whistleblower protections.

Identifying Discrimination Through Performance Gaps

If you are fired despite good reviews while coworkers with worse reviews are kept, you may have a strong claim for discrimination. Discrimination often hides in the "discretion" managers use to decide who stays and who goes during layoffs.

Disability and Pregnancy Discrimination

Oftentimes, an employer will praise an employee until they reveal a pregnancy or request a disability accommodation. Suddenly, the "star employee" is labeled "unreliable" or "not a team player." We see this frequently in cases like the Oklahoma Urology Clinic settlement, where pregnancy and disability discrimination allegations led to significant payouts. If your reviews were great until you asked for an accommodation, the reviews prove that your work wasn't the problem—your medical status was.

Age Discrimination

In age discrimination cases, an employer might fire a high-earning older employee with great reviews and replace them with a younger employee. The employer might claim "departmental restructuring," but if the older employee was the top performer, the restructuring looks like a thin veil for ageism.

The Role of Performance Improvement Plans (PIPs)

Many employers who want to fire a good employee for an illegal reason will first put them on a "Performance Improvement Plan" or PIP. These are often nicknamed "the paper trail to termination."

How to Spot a Sham PIP

If you have a history of positive reviews and are suddenly put on a PIP with impossible goals, the PIP is likely a pretext. For example, if you are a salesperson who has hit 100% of your quota for three years, and your PIP requires you to hit 200% in 30 days, the plan is designed for failure.

Documenting the Shift

If you are placed on a PIP after years of positive feedback, it is vital to document the shift. Ask HR or your manager why your performance is suddenly an issue when your last review was positive. Save copies of the PIP and any correspondence where you challenge the unfair metrics. This documentation will be vital when trying to reach a Beaumont Hospital settlement type of resolution.

Comparative Evidence: How Were Others Treated?

To strengthen a case based on positive reviews, lawyers often look for "comparators." Comparators are other employees in similar roles who were treated differently.

The "Better" Employee vs. The "Protected" Employee

If you were fired for a minor policy violation despite having excellent reviews, but a coworker who is not in your protected class committed the same violation and kept their job, you have evidence of disparate treatment. Performance reviews are the baseline for this comparison. If your reviews are better than those of the person who was kept, the employer's defense starts to crumble.

Group Statistics

In larger companies, look at who else was fired. If ten people were fired and all had positive reviews but were also all over the age of 50, the reviews help prove that the performance-based excuse is a sham covering for systemic age discrimination.

Documenting Your Case: A Step-by-Step Guide

If you suspect you are being set up for termination despite good work, you must act quickly to preserve evidence. Once you are fired, you may lose access to your company email and HR portal immediately.

1. Download Your Reviews: Print or save copies of every performance evaluation you have ever received at the company.
2. Save Praise Emails: If a client or manager sent you an email saying "Great job!" or "We couldn't have done this without you," save it. These are "informal" reviews that support your case.
3. Keep a Personal Journal: Record dates, times, and summaries of conversations with managers that seem to contradict your positive reviews.
4. Note Company Awards: If you won "Employee of the Month" or received a performance bonus, keep the documentation. It is hard for a company to argue you were a poor performer while they were simultaneously giving you bonuses.
5. Watch for Modern Harassment: In today’s digital age, even subtle forms of harassment can escalate. Be aware of how tech is being used in the office, including the emerging issues surrounding AI deepfakes in workplace harassment.

Calculating the Value of Your Claim

When you sue for wrongful termination, the goal is to be "made whole." This means the court tries to put you in the financial position you would have been in had the illegal firing never occurred.

Economic Damages

• Back Pay: The wages and benefits you lost from the date of firing to the date of the trial or settlement.
• Front Pay: If you cannot find a comparable job, you may be awarded future wages.
• Lost Benefits: The value of health insurance, 401(k) matching, and stock options.

Non-Economic Damages

• Emotional Distress: Compensation for the stress, anxiety, and depression caused by the loss of your livelihood.
• Punitive Damages: In cases of especially egregious conduct, the court may order the employer to pay extra as a punishment.

Positive performance reviews increase the value of these damages because they prove you would have likely remained employed for a long time, thus increasing the total of your lost future wages. For a deeper dive into these numbers, consult Cornell Law School's Legal Information Institute for legal definitions and standards.

Common Employer Defenses and How to Counter Them

Even with positive reviews, employers will fight back. Knowing their tactics can help you prepare.

"The Reviews Were Too Soft"

Managers often claim they gave you good reviews because they were "nice" or didn't want to hurt your feelings, but that your actual work was poor. This is a weak defense. A professional evaluation is a business record, and courts generally hold that companies are responsible for the accuracy of their own records.

"The Needs of the Business Changed"

An employer might argue that while you were good at your old job, the company moved in a new direction where your skills were no longer needed. To counter this, you must show that your duties were simply handed to someone else or that the "new direction" is just a buzzword for firing specific people.

"Recent Performance Slump"

They may admit you were good in the past but claim you had a "recent and dramatic decline" in performance. This is why it is so important to have reviews from the months or weeks immediately preceding your firing. A decline that happens in the three days between a whistleblowing report and a firing is rarely viewed as a coincidence.

Statutes of Limitations: Don't Wait to Act

Every state and federal law has a deadline for filing a wrongful termination claim. For EEOC claims, the deadline can be as short as 180 or 300 days from the date of the firing. If you miss this window, your positive reviews won't matter because you will be legally barred from suing.

As soon as you are fired, consult with an employment lawyer. They can help you file a "Charge of Discrimination" with the EEOC or the equivalent state agency, which is usually a required first step before you can file a formal lawsuit in court. The timeline is strict, and the administrative hurdles can be complex for those unfamiliar with the legal system.

Real-World Impact: Case Studies

In one notable case, a senior executive with 15 years of "Exceeds Expectations" ratings was fired for "lack of leadership." During discovery, her lawyers found that the firing happened shortly after she requested a leave of absence for surgery. The contrast between her 15 years of praise and the sudden "lack of leadership" claim led to a multi-million dollar settlement. The reviews were the anchor of her case; without them, it would have been her word against the company's.

Similarly, in smaller cases, such as those involving local clinics or retail stores, the presence of even a single positive annual review can double or triple the settlement offer during mediation. Insurance companies for employers know that a jury hates a liar, and a positive review makes the employer look like a liar.

Final Steps: Getting the Justice You Deserve

If you were a good employee and you were fired for a reason that doesn't add up, do not accept the company's explanation at face value. Your hard work, documented through those performance reviews, has created a legacy of evidence that can be used to fight for your rights.

Wrongful termination cases are about more than just money; they are about dignity and ensuring that workplaces remain fair and lawful. By holding an employer accountable for pretextual firing, you protect not only your own future but the rights of every other employee at that company.

Take Action Today

Legal claims have strict deadlines, and evidence can disappear. If you have positive performance reviews and were suddenly fired, your case could have significant value. At CaseValue.law, we help individuals understand the true worth of their legal claims by connecting them with the information and expertise needed to challenge powerful employers. Don't let your employer's narrative be the final word on your career. Reach out for a free case evaluation today and see what your wrongful termination claim is worth.