My wife is a senior manager at a large California company. She feels she is being wrongfully denied a promotion due to her and that the job she performs is not classified correctly. She has way more reports and way more responsibility that her peers and even the directors above her.On another note, she is being forced by HR to put an employee on a performance improvement plan, and was even told how to write up his review. He returned with a rebuttal, and my wife is worried that she will be sued should they terminate him. He is a new employee to her this year, and the review should not even be her responsibility. She feels she is being set up. Is there a way for her to protect herself?
State/Country relating to question: California
Speaking with Human Resources and upper management to no avail.
I hope this message finds you well, present circumstances excluded. In short, the answer to protecting herself is documentation, documentation and more documentation. I would suggest keeping a ledger of daily activities at the end of the day that she supplements with any emails, documents and the like that she feels may be a threat to her. She needs to initial and date every entry in this ledger.
If your wife feels that she is being discriminated against in any way, shape or form, she will have the burden of proving that discrimination if a law suit is necessary at a later date. The best way to protect yourself and prove yourself is documentation.
While things are still fresh in her mind, she ought to write a narrative of events up to this point as the first entry in the ledger. If she can remember dates and times that will be great. If she can pull older emails and other paper documents to supplement her report, that will also help.
Unfortunately, if you are not operating under an employment contract (or union contract), the power is in the hands of the employer. However, if they do discriminate against her, she will have rights through the Equal Employment Opportunity Commission and civil court. Once again, documentation is the key. Be detailed in accounts of events...more detailed than you even think you should be. Detail helps greatly.
In-House Counsel for State's Largest Agency
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