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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18789
Experience:  Employment/Labor Law Litigation
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My employer is cleaning house and writing up all higher paid

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My employer is cleaning house and writing up all higher paid emplyees. what can I do

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.


Do you have a contract of employment stating that you can only be terminated for cause?


Is the employer targeting people based on race, religion, gender, age, disability or FMLA use? Or is it just the higher paid employees?

Customer: replied 3 years ago.

Just higher paid employees. Manager wants to be a superstar. But I have survived a PIP and outperformed their expectations. I am 60 year old very fit employee and keep up with thaose 20years my junior

Ok. The problem that you have here is that targeting higher paid employees is not actually illegal in our country. Employers can do it and get away with it when the employee has no employment contract.


Now, where you may have the ability to create a contract here is through the PIP. So, to the extent that you are asking what you can do, keep documentary evidence of the provisions of the PIP so that you can attempt to paint it as a quasi-contract between yourself and the employer.


Then you could sue for breach of that implied or quasi-contract, by showing that you met the requirement of the PIP but they didn't hold up their part by maintaining your employment.

Customer: replied 3 years ago.

I have worked for home depot for 9 years without any problems and now instead of my .25 cent annual raise I received a PIP. So I am being written up for all kinds of issues. The PIP said I had to toe the line and any future issues could and would be written up and result in possible termination so I have a target on my back. They backed off when I brought in a notebook and started documenting everything. But now we are back to the game plan

Ok. Thank you for the additional information.


Continue to document your work on the PIP specifically. When an employer offers a PIP, they often inadvertently create a contract with an employee, when one didn't exist in the first place. It actually helps you.


If they had just brought you in and fired you, assuming that there is not a company policy expressly requiring PIP's (and if there is, that company policy is also contractual in nature), then they would have actually put themselves in less legal danger of any sort of breach of contract claim.


So, while I understand not liking their action, the best course here is to use it against them by documenting how you conduct yourself during the PIP and how you meet the requirements within it.

Customer: replied 3 years ago.

Are ther attorneys who take on home depot and is this a successful approach or am I just wasting my time

There are plenty of attorneys that would be willing to sue Home Depot. Their name doesn't scare of employment law attorneys. In fact, it means they have money, which is what employment law attorneys want.


As for whether or not you are wasting your time, that's difficult to say. I don't have your PIP, your employment history or any of the company policies that the employer has. If the employer has established a quasi-contract with its employees through company policy and, specifically with you through this PIP, then you are in the perfect state to bring an implied contractual claim. Your jurisdiction follows that legal concept.


It would be worth, at the very least, being prepared so that you can negotiate a better severance by having at least a legitimate threat of a suit if you were terminated.

Customer: replied 3 years ago.

Are you saying that I should at least mention that I am have sought out legal council before I am terminated

You can do that, though I don't think that will endear yourself to them.


No, I was thinking more of mentioning that when and if you are terminated, in a demand letter following your termination.

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