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I am working in H1B. My boss started a "Employee Performance

 
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Customer Question

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.

 

Optional Information:
State/Country relating to question: Iowa

Submitted: 277 days and 19 hours ago.
Category: Employment Law
Value: $38
Status: CLOSED
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Expert:  wallstreetfighter replied 277 days and 19 hours ago.

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 Commission
211 East Maple Street
Des 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

Customer replied 277 days and 19 hours ago.

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?


My boss mentioned that the company lawyer made some background paperwork before starting the EPI plan. At that point, she said that it's just a formality.


If I sue, can you explain how this will buy me a couple of months? What if I sue then they put a label on me as "unemployable" so that I don't get any future job?

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Expert:  wallstreetfighter replied 277 days and 18 hours ago.

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.

Customer replied 277 days and 18 hours ago.

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.


Do you advise to ask them specific questions which I can use later on in case there's an investigation?


What is the next step for sending a letter? How do I contact you if I want you to send the letter?


or

Did you mean to have a local lawyer get involved?


Can you clarify me more on filing a complaint?

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Expert:  wallstreetfighter replied 277 days and 18 hours ago.

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.

Customer replied 277 days and 18 hours ago.

Thanks a lot for answering all my questions.


Let me double check with you:

1. Do I need to file the complaint with IOWA Civil Rights Commission?

2. Even if I can't prove in the end, how much time I will get by filing the complaint?

3. Is this conversation in this website public or protected for my user account? If public, is there a way to make it protected?

Accepted Answer

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Expert:  wallstreetfighter replied 277 days and 18 hours ago.

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.

Expert TypeEmployment Lawyer
Category: Employment Law
Pos. Feedback: 96.9 %
Accepts: 4634
Answered: 7/6/2012

Experience: 13 years experience, Union NYSUT lawyer

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Customer replied 261 days and 5 hours ago.

Hi

Here's the update to my situation. I got a new job offer in another state (Connecticut). It is a contract job and the consulting company said that they can start the H1B Transfer anytime now.


At the same time, I had my last "Employment Performance Plan (EPI)" meeting last week with my current employer (in IA). My current employer told me that based on the reviews, they are going to let me know the outcome. I am anticipating that they will give me an update this Monday/Tuesday. Based on some feedback during the last meeting, I have a feeling that they may not get rid of me immediately but there's a chance that they may continue with this painful process.


In normal scenario, I would probably opt for the new job offer (in CT). Here's something I didn't discuss that might have complicated the scenario.


I was building a house with a builder starting from April, this year. The house is almost completed and scheduled to be closed on the first week of August. Since, this is a customized house, in addition to the earnest money, I also paid advance (about 20%) to the builder.


1. Should I just flake out from the closing and accept the new job? If I flake out, will I lose 20% advance that I gave to the builder. Our binding clause said that the loan must be approved. Now if I let the lender know about job switch, the loan will not keep approved (my assumption).
I am thinking about delaying the closing date. Do I have a better option?


2. Now that I have a job offer, should I try to deal with my current employer with a hard approach?

Customer replied 260 days and 20 hours ago.

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.


I have some problems going on in my current job and started looking for a new job and got a new job offer in another state (CT).


The tentative closing date for the house is August 3rd. In my contract with the builder, I am supposed to pay the builder the earnest money ($1000). There is a conditional clause in the contract that everything is subject to the loan approval.


Here is my assumption that if I let know the lender about my job change, the loan will be disapproved so the contract will not stand after that. In that scenario, if I take the new job offer and don't close, should I legally get back the 20% advance I gave it to the builder.


I'll know (before the closing date) for sure within a week that what the ongoing problems at my current job will lead to (either no issue or severe effect). In that situation, what would be the best thing to do?

Customer replied 260 days and 20 hours ago.

Relist: Answer came too late.

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Expert:  MDLaw replied 260 days and 8 hours ago.

Hello and thank you for using the JA website. Please remember that this site is intended to provide general legal information only.

It appears you are asking a separate question and the site requires you to start a new post for that.

 
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