Be Careful of What You Write in an Evaluation

Green claims that he was really fired for a critical review he wrote of a junior associate which Green argues upset Skadden because it opened them to a possible malpractice claim. If this is true, Green maintains, then Skadden violated California public policy in letting him go for writing and submitting ''a critical—but appropriate and factually accurate performance evaluation.'' Green goes on to say that Skadden was angered by the review but failed to look into the critiques listed therein to find out the truth of the matter. As proof of this being the real reason behind his termination, Green cites the documentation Skadden made of the malpractice issue he claims they were concerned about which was raised by his review. Skadden accused Green of using ''poor judgment'' in his associate review, but Green claims his judgment in all previous reviews given had been rated well. The discrepancy does raise questions.

In the lawsuit, Green accuses five Skadden partners, one firm counsel, and a Skadden associate. Green is obviously angered and perhaps some temperament shows through in the way he describes some of his previous coworkers. Incompetence is about the nicest term on the list. He goes on to describe one partner in particular as also bizarre, abusive, and inappropriate. He accuses another partner of having run his practice group ''into the ground'' and claims that same partner is ''one of the weakest—if not the weakest partner—in Skadden's Los Angeles office.''


Where it really gets bizarre is when Green lists what he wants in return. Green seeks compensatory and punitive damages, he wants Skadden to provide him with all of his personnel records, and reinstatement to his position at Skadden along with a promotion to counsel position.
After having such an obviously lovely work environment, it is little wonder that Green wishes to return, with a promotion to boot!

When asked for a comment on the situation, Skadden could not say too much, because the case is currently in litigation. However, they were able to issue this statement:

''The complaint was filed by an employee who was asked to leave the firm a year ago. The defendants firmly believe that the claims are without merit. They look forward to the opportunity to provide the fact finder with the full basis warranting the termination of his employment.

''We are saddened that Mr. Green decided to take this action. The defendants intend to vigorously defend the case and expect to be fully vindicated.''

Not surprising that the defendants believe the claims to be without merit, especially with all of the nice things that Mr. Green said about them. Time will tell more about the real situation, which is likely a combination of both, as it so often is.

In the meantime, be careful of what you write in any of your performance reviews.