Do I have any recourse to stop my potential termination?
From October 2008 to June 2009 my performance and work was "above average" according to my manager. This was reported verbally; was an outcome of my 2009 mid-year review; and was further evidenced by a monetary award for the work completed during that time. On August 15, 2009 as a result of a company re-organization, I was moved to new position with a different company within Exelon and a new manager. The end of year review was completed by the new manager in November, and it reported my performance and work as "below average" (not off-track) after only about 3 months in the position (8/15-11/15).
The result of the negative review was that I was put on an "informal Performance Improvement Plan (PIP)" and although I have complied with all requirements of that PIP, my manager is micro-managing and nitpicking my work enough to find small "mistakes" or "faults" (often very subjective, not objective), and I'm convinced is now "building a book" of the mistakes/faults to have me fired. I asked the Director above my manager to move me to a different position/manager and was told that a move would severely harm my career in the organization. I have contacted HR and received no help. Is there ANY recourse I have to stop this unfair, crazy progression toward likely termination? Please help.
PS: I am VERY interested in an individual consultation with an employment lawyer.
Answers (2)
When you mention matters dating back to 2008, you are talking about ancient history in the employment claim world, and, frankly, so is November of 2009. You need to act more quickly if you believe that you have been the victim of unlawful discrimination.
Otherwise, as Chris says, you are in an at-will state, where an employer can discipline or terminate you for a good reason, bad reason, or no reason at all.
Harold M. Goldner
Kraut Harris, P.C.
Madison Bank Building, Suite 311
1767 Sentry Parkway West
Blue Bell, PA 19422
215-542-4900
hgoldner@krautharris.com
posted by Harold Goldner | Jun 1, 2010 07:55 AM [EST]
That being said, absent an employment contract that guarantees your employment for a period of time, you can be fired, demoted or disciplined for completely subjective and unfair reasons in Pennsylvania. Similarly, you can quit without notice or good reason.
This does not mean you are entirely without recourse, however. If you are being treated differently because of your age, race, gender, religion, any disability, etc., you may have recourse. Furthermore, you need to be aware of how to approach this problem in order to put yourself in the best position to receive unemployment benefits if you are terminated.
If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com
posted by Christopher Ezold | Jun 1, 2010 07:13 AM [EST]
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