Hello

This question is regarding a company in California. 

We have normal jobs, 40 hour weeks, set hours... say 9 to 5 for the
sake of argument. Lately this employer has been terminating employees
based on a "performance level". There is no set performance level, it
is graded on a curve... that is to say it is relative to your fellow
employees and their performance. So, in the end, someone will get
fired, it just a matter of who is low man for the month.

Well, this sounds normal thus far yes? Here is my issue:

We have "System A" and "System B". During our 9 to 5 jobs have to use
"System A" I would say 90% of the time. We use "System B" the
remaining 10%. "System B" is much easier to rack up your performance
score on (the score you will be rated on). "System A" is much more
difficult, and cumbersome, for everyone.... The company has
regulations on how much it can use "System B" as part of the normal
work day (that is why they don't use it more). We are also not
required to come in for overtime.

We now have one or two fellow employees that have started coming into
work after hours and on the weekend, as "overtime". The catch is that
after hours and on the weekends, is strictly "System B". These people
are killing everyone else, and long time honest people are losing
their jobs. See, When it comes "rating" time, all hours worked,
overtime, after hours, weekends, are all factored into their
performance. So, some employees are being rated on a score that is
comprised of 80% System B....

I am wondering if it is legal to have my job be on the line, being
rated against work that is done after hours, and on the weekend
"overtime", and on a different system (System B).

My boss(es) are dragging their feet, and saying it is not in their
control. (headquarters is back east and they set the rules).

There must be some law stipulating that performance rating, that can
lead to termination, if graded on the curve, MUST be like for like.

Please try to include links to documents, codes,  or regulations
regarding my situation and possibly....

   employee rating rules
   overtime performance factoring
   performance regulation plans


Regards,

Pjordan

You sound like a pretty smart person; why would you work at a dismal
job like this?

There must be someplace where you'll be treated like a human being,
not just a datapoint on a productivity chart.

Not me :)

I just thought it would be easier to explain as if it were.

Pjordan

I hate to break it to you, but there aren't many laws related to this
topic. There are no federal laws requiring companies to give you
vacation. There are no laws requiring companies to give you a raise.
There are no laws requiring employers to give feedback at all. In most
areas, employers can fire you without disclosing cause, just as you
can quit without disclosing cause. If they can fire you legally
without any real cause, don't expect a legal remedy for the system
they use to determine who gets fired.

If you're covered under some sort of union contract or another sort of
contract, peruse the contract for details. Otherwise, any system that
doesn't discriminate based on sex, age, race, or creed, is probably
perfectly legal. The discrimination angle has worked for a lot of
people looking to protect their jobs, but based on the information you
provided, it probably won't work for you.

I could probably show the lack of legal remedy by referencing laws and
court precedents, but it would be mean to charge you for delivering
bad news. Plus, there may be some jurisdictions that have passed
relevant laws.

My advice: Either find a better job, or start working some OT. It
sounds like management is, either actively or passively, rewarding
those OT'ers for their "creativity" or "extra commitment." From what
you say, there's still room on that gravy train, if you want to board.

V