I am working in H1B. My boss started a "Employee Performance Improvement" plan 1.5months back. The duration for this plan is 2 months. Initially, my boss told that she is helping me by initiating this to improve my performance. Now I feel like no matter how hard I work or how good I perform, it makes no difference. I am concerned that this is staged to terminate me. Btw, I am a full-time employee. I want to buy another 1 month or 2 in order to secure a job. I don't really trust them at this point that they are helping me. Please give me some advice regarding my situation.
State/Country relating to question: Iowa
Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.
The evaluations may be used against you, under Iowa law, be aware an employer can terminate an employee for any reason and at any time unless:
1. You have a signed Employment Contract which states you cannot be terminated without "cause"
2. The Termination is based upon your race, gender, age or other protected civil rights.
What you need to do at this point is to review any signed contract you may have with the employer to see if you are given any protections, if not, and you think he may terminate you, I would send a letter to the employer stating that his actions recently have created a hostile work environment for you, and that you will consider filing a civil rights complaint if the harassment does not stop. Since you are an h1b employee your ethnicity, race or national origin may be a factor in their treatment, and if you think it may be a reason why the employer has started this action against you a civil rights complaint or threat may be your best option to give you a few more months.
By doing this the employer may reconsider his actions, or try to settle with you.
Discrimination/Harassment - State Agency
Iowa Civil Rights Commission211 East Maple StreetDes Moines, IANNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>Toll-Free:(NNN) NNN-NNNNbr/>Fax:(NNN) NNN-NNNNbr/>Web Address: http://www.justanswer.com/employment-law/link?url=http%3A%2F%2Fwww.state.ia.us%2Fgovernment%2Fcrc%2Findex.html
How the civil rights claim will buy me a few months? I heard that IOWA is a "Employer At Will" state? How can I be so sure that when I do this claim, they will back up from their termination plan?
Iowa is an at will State, so as of now the employer can terminate you for any reason except if you file a discrimination complaint.
Under the law if you file a complaint you obtain immediate Retaliation protection, and if the employer takes any negative action against you that would be retaliation, and they would be penalized.
Also, be aware you will not be suing them, filing a complaint only starts an investigation that lasts several weeks if not months, during this time you obtain protection from any negative action the employer may take.
What I suggested was sending a letter first, stating you may be filing a complaint, and the employer may stop their actions, and try to keep you employed as they would not want you to file.
As part of the EPI plan, I am meeting my boss 2 times every week. Also, I meet the HR Rep who is also involved in the process.
1. In terms of your meetings, you should ask what you need to improve and if their is anything that you have been doing wrong that you need to work on.
2. In terms of sending a letter, you can write it or have an attorney send HR a letter, if you do not think the employer is using the EPI to actually improve your performance, but is using it as a way to terminate you later.
3. After sending the letter to HR, they should contact you about the matter, and may try to work things out. If not you can ask for wallstreetfighter,m through our website, and I will provide you further information.
4. In terms of an actual complaint, all you have to do is call them and state that you feel the employer is discriminating against you due to your ethnicity or national origin. If the employer is not using the EPI for other employees, and you are the only one facing such a situation, that will be evidence.
Thanks a lot for answering all my questions.
1. If you think a termination may be any day now, I would file a complaint and advise the employer you have done this.
2. You could get several months as an investigation takes time.
3. In terms of the website, the information is protected and names are XXXXX XXXXX once you accept I will make a request to have the entire chat private as well.
13 years experience, Union NYSUT lawyer
I started building a new single family home with a builder in IA. Since this is a customized house, the builder required me to pay about 20% upfront in addition to the earnest money.
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