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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4886
Experience:  Extensive experience representing employees and management
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first: My manager has placed me on a PIP the day after i excused

Resolved Question:

first: My manager has placed me on a PIP the day after i excused myself from a meeting with him where i felt he was talking donw to me. i didnt go straight to HR because i wanted to discuss it with him first, but he went to HR and instead complained about my performance. Now he is making this situation horrible and scrutinizing every move i make with an email about a PIP (basically hurrassing me). I'm ok with improving whatever he feels that I need to improve, but i dont agree with some of the things he put on the PIP and how it is being measured (his opinion) and how he is handling it (emailing me on every move i make mentioning the PIP). what is my right here?
Question:
The PIP is now over and i was fired, but no paper work was given to me telling me where i failed. i have requested the paper work but they still don't have it. is this my right to know or the PIP itself is proof enough? I feel they are treating me with the outmost carelessness, like they fired me without even evaluating my performance. Can you tell me what can or should i do other than request it? is this right for them to do? do i have a case against them?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

Unfortunately, as an at-will employee you can be terminated at any time for any reason (as long as the reason isn't based on discrimination due to a protected characteristic, such as race, gender, national origin, or ethnicity) with or without prior notice.

Your employer, unfortunately, doesn't have to inform you of the reason for your termination, or provide you with information regarding the PIP, and it doesn't have to be based on your performance.

You should apply for unemployment benefits, since you are presumed to have been terminated through no fault of your own, which would entitle you to receive unemployment benefits.

Your employer could contest your benefits, but it would have the burden to demonstrate that you were actually terminated for cause and not through no fault of your own.

You can apply for unemployment benefits here:

https://eapply4ui.edd.ca.gov/
Customer: replied 2 years ago.
So how do I know the reason is not discriminatory if it isn't given to me? How do I interpret it? I don't understand how can it be based on performance as the name already says and yet not be based on performance to back it up? As they said the improvement and accomplishments of the items are what the pip is about?
Expert:  Joseph replied 2 years ago.
If you have any reason to believe that the reason was actually discriminatory then you should file a complaint with the Department of Fair Employment and Housing.

You can do so with the instructions here:

http://dfeh.ca.gov/Complaints_eCompProc.htm


It would be rare for an employer to actually state that the reason is discriminatory, so you would have to have reason to expect that the real reason was due to discrimination.

The fact that you were put on a PIP after your argument with your manager could point to discrimination if you felt that he was talking down to you due to a protected characteristic.

It would be the employer's responsibility to prove that you were terminated for cause, including performance reasons, rather then being terminated through no fault of your own.

Customer: replied 2 years ago.
My question to you is then: if I think he talked down to me due to me be foreign based in his findings of me not spell correctly amongst other things. That He talked down to other people as well but after I spoke up I became the only target, the only one who can't spell, and perform well while the others when doing the same errors were forgiven for them not being on a Pip. Is that discrimination? I complained to them and they said that was not the reason, that my overall performance was bad and never compared to the others. So how is this not discrimination when only one person can be punished for making mistakes? I complained about being the only one and they said the others were ot eligible, but I know they were lying as the info is private and they cannot share it. I don't trust them. Please help me.
Expert:  Joseph replied 2 years ago.
Yes, if he was treating you differently because of your national origin (being foreign born) that constitutes discrimination and you should file a complaint with the Department of Fair Employment and housing.

The Department of Fair Employment and Housing will investigate the complaint on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim against your employer through a private attorney.
Joseph, Lawyer
Satisfied Customers: 4886
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.
I feel that way but that was never said and I know it will be hard to prove, wouldn't you say? As previously, he will claim that I didn't perform up to my position and it had nothing to do with my origin. I feel very discriminated and somehow not protected because I know this discrimination can't be proved. Am I correct? I think this discrimination thing is very rare due to the difficulty a subordinate has to prove. What would you say about what you red from me? Should I pursue it or let it die?
Thanks for your patience.
Expert:  Joseph replied 2 years ago.
You don't have anything to lose by pursuing the discrimination complaint, so I would encourage you to file the complaint and see what the investigation turns up.

It is definitely difficult to prove, but if there's evidence that you were treated differently based on your national origin, then there would be enough to substantiate a complaint.

I think from based on what you've told me that it's at least with pursuing.
Joseph, Lawyer
Satisfied Customers: 4886
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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