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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32450
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I was given a PIP Personal Improvement Plan for allegedly not

Customer Question

I was given a PIP Personal Improvement Plan for allegedly not having the insight to look for better technolgy for the university. i did improve my interactiveness with the section and was told that I did improve a lot, but he needs someone else, someone that knows modern IT technology. As for me managing my people, there are no issues. My job description does not mention having to be current on new technology. I fell that he had no right to take my supervisory position away for that reason.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you have any reason to believe the employer is discriminating against you based on your age or other protected status? Is the job going to a significantly younger employee? Do you have a contract with the employer which they may be violating in taking this action against you? Have you suffered a decrease in compensation?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

i improved at my job and was given 60 days. The comment he made was that he needed someone current with IT techolgy, state fhe art type. He also said that he could not use me because of not being up on the newest technology. I was in Europe for over 20 years and just came back to the USA because of a thing called Priority Placement Program..mandatory rotations back to the states. So I ended up here, my position description does not say anything about the technology thing and nor was i interviewed for them to find out prior to me arriving here. It could have all been cleared up in an interveiw.

Expert:  Tina replied 1 year ago.
I see. Thank you for providing this additional information, Lloyd.

Since the company did not disclose the fact you would need IT technology training, that could provide grounds to allege that they misrepresented the position to you or even committed fraud.

If discrimination is not involved in your situation, which you have not mentioned as potentially explaining the employer's actions, then you would typically pursue this as a breach of contract or implied contract claim, or possibly fraud in seeking compensation for any injury you have sustained as a result of the employer's actions/omissions.

I would certainly retain a local employment law attorney at this point if the employer does not appear willing to negotiate or change their stance on this issue. The attorney could review your contract or other documents you have and make a final determination as to your best legal claims or communicate with the employer in an attempt to gain more information and aid in resolving this situation on your behalf.

The state and local bar associations can provide you with attorney referrals if you need one. The state's bar association can be found at calbar.org.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Attorney
Satisfied Customers: 32450
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Tina and 2 other California Employment Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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Tina
Tina
California Employment Lawyer
32450 Satisfied Customers
JD, 17 years experience & recognized by ABA for excellence in employment law.