Received Vague Performance Improvement Plan - Sent Rebuttal

[pros30]

I have been performing to standards at my job, Then when a coworker I didn't have a good relationship with got promoted to supervisor she called me to a meeting with HR and put me on a Performance Improvement Plan with very vague guidlines like Meet deadlines, and improve quality of work. There was no set time or measurable objectives for the plan.

The HR person gave me the lip service that they were there to help and wanted to keep me etc... I kept quite and signed the form acknowledging receipt.

A few days later I sent a rebuttal challenging the facts of the PIP with details of my accomplishments and that the PIP may be motivated by improper illegal motives. I cited that there were two white employees who joined the team in the last two months(I am a minority) and provided facts that I was performing better than them. I also cited that the new supervisor perhaps has a discomfort communicating with people of different ethnicities.

I also concluded the rebuttal stating that I love my job and am dedicated to the company.

I sent this to my new supervisor's Boss, That Boss's boss, The HR director, and a Senior executive in an email.


Within 3 days the HR rep informed me that the PIP will be withdrawn and that they are going to assign me to a different team. My current supervisor is of course angry.

Should I keep documenting anything that may be retalitory in nature?

I think this letter may have probably kissed a chance of promotion goodbye.

What else should I look for in case I need to get to a point to negotiate severance or pursue the help of an attorney?

 

[army judge]

When people start down this path, they also start looking for new employment. Sure, documenting is helpful, maybe, but it's impossible to always walk a straight line. That's how they eventually getcha, watching,waiting, lurking.

 

[Betty3]

Unless you can prove you are being treated differently/discriminated against because of your race (you said you are a minority), there isn't much you can do. You can continue to do documentation - it never hurts.

Sometimes, as army judge noted, it is time to look for other employment.

 

[pros30]

Thanks for responses. A follow up question is , is it possible to find a local attorney who will coach me on how to navigate or help me draft memos with HR and management? I was trying to put myself in the best leverage position for severance in case i'm let go.

I've been hearing and reading that large corporations hate lawsuits and the time and cost for them, so they typically like to give a settlement and have the employee go away quietly.

 

[army judge]

Thanks for responses. A follow up question is , is it possible to find a local attorney who will coach me on how to navigate or help me draft memos with HR and management? I was trying to put myself in the best leverage position for severance in case i'm let go.

I've been hearing and reading that large corporations hate lawsuits and the time and cost for them, so they typically like to give a settlement and have the employee go away quietly.

Companies aren't stupid. They don't need to offer you a reason to terminate your services.
That works two ways, too.
If you decide to leave after receiving $250,000,000 from Auntie Meg, you don't even need to say you quit.
You can just choose to NOT show up.
Severance, don't expect that these days.

You'll get what the law says you're due: salary for days worked, earned/accumulated vacation pay (maybe in some states), etc...

Now, if you have a contract, maybe severance is part of your deal.

You can find a lawyer, just contact a couple in your county.

But, it won't be free, and it won't matter much.

You could probably learn more by simply Googling and reading the results.

Good luck.

 

[Betty3]

If you are terminated by your employer & you believe it is due to your race, you can file a complaint with the federal EEOC if your employer has 15 or more employees or your state equivalent if your employer has between 5 & 15 employees. They will investigate.

You can talk to a local employment attorney re your suspected racial discrimination (we don't give referrals-try your state or local bar assoc.) but you might very well still not receive severance if terminated.

You can (if terminated by employer) send a letter to HR/management for what it's worth but you can't file a lawsuit until you first file a complaint with the EEOC or state equivalent & receive a "right to sue" letter from them.

 

[cbg]

Here's the thing.

As of right now, based on what you have posted, your employer has done nothing illegal. And very little of what an employee may consider "retaliatory" in the workplace is actually illegal.

Specifically what are you looking for an attorney to do, and what do you think has happened or may shortly happen that is illegal?

Those are real questions, asked for a specific purpose. I really am trying to help you.

 

[pros30]

Thanks for the feedback, I am looking for an attorney because I have a friend who works in HR at another Corporation and she was telling me that its so hard to fire someone, their company has to go through a 3 month manage out process to setup documentation just to fire someone.
She told me someone received a PIP and then hired a lawyer claiming discrimination. The company decided to settle with them to make the matter go away.

Seeing this I thought I could give it a try. I see ads for lawyers advertising severance negotiation services all the time.

 

[cbg]

That may be their corporate policy. In legal reality, it is exceedingly easy to fire someone. There is definitely no law requiring a three month management period, or documentation, or anything else of the kind. All one has to do is say, Mr./Ms. Employee, your services are no longer required. There's the door.

Unless there is valid and supportable evidence that there is a specific law that the employer violated by terming the employee, that is the end of it.

Employers are well advised to be able to prove that no specific law was violated and thus it is a smart thing to be able to show documentation of the problem and attempts to solve it prior to termination. But none of that is required by law and the absence of such documentation does not automatically make the termination illegal. And, I might add, since this frequently comes up, neither does the awarding of unemployment benefits.

Essentially, what happened at your friend's company does not mean the same would happen with you - IF you were terminated, which has not happened yet.

FYI, I have worked in HR for almost 35 years.

 

[Betty3]

The bottom line is you are going to have to prove you were discriminated against due to your race & not a legal reason.

You can certainly talk to a lawyer & get his/her opinion - that is your choice.