I was recently put on a PIP, which I stated, before it was written to the HR rep, that the goals were unattainable. They gave me the goals any way. In the PIP, my employer states,

I was involved last year in a dispute regarding my new contract, which also involved a PIP, and a reduction in pay. The year before I had been involved in a case to have my manager investigated by HR for a hostile work environment. He was fired, he also was a very good friend of one of my upper level managers. This upper level manager will soon be a direct manager of mine. I claimed retaliation for the PIP last year, and was told by my immediate boss, after the HR investigation, "let's pretend this never happened." The PIP was removed and my salary reinstated. Now, I am once again on a PIP. I have had no reviews, or ride alongs ( traveling salesperson), as required by company standards. I have verbally and in writing requested help on several occasions. My manager never came, and allowed the situation to continue.

1 answer  |  asked Apr 1, 2017 09:55 AM [EST]  |  applies to Florida

Answers (1)

Phyllis Towzey
From what you've described, this may be a case of retaliation. However, it is difficult to prove, especially when you are more than one year removed from the original complaint you made about your former manager. You should consult with an employment lawyer to determine the best course of action. One strategy would be to send a memo to HR now objecting in writing to the current PIP and stating that you believe it is retaliatory. Then so you best to meet the goals of the PIP, even knowing that you will likely fail. If and when they do give you a notice of termination, either send a demand letter from an attorney, or file charges with the EEOC.

Another strategy would be to hire an attorney now to send a letter to the company to try to prevent the termination from happening in the first place.

What strategy you choose depends on several factors, including what your ultimate goal is (i.e. do you want to stay with the company, or negotiate an exit strategy), and what you financial situation is as far as retaining legal counsel (if you hire a lawyer to try to save your job you will be paying an hourly rate - if you are fired and sue for retaliatory discharge, you may be able to get an attorney to take your case on a contingency.

The best course of action for you right now, however, is to pay a consultation fee and get some detailed legal advice while all options are still viable. Good luck!

posted by Phyllis Towzey  |  Apr 3, 2017 07:36 AM [EST]

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