Employment Law Questions? Ask an Employment Lawyer.
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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 an employment contract with the employer which indicates you can only be terminated for good cause?
Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or other protected status?
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Hi Tina-- I do not know if I have a formal contract with my company. I originally signed up with another company and we've since been sold. It is customary for employees to be given a severance upon departure of 1-week per year of service after which they'd be eligible for unemployment. A new management team came on two years ago, that is when my problems started. I have done all I can to meet their expectations, but the bar keeps moving, and getting more and more minutely specific with what actions I have to perform and in what time frame, this PIP continues that to a nearly ridiculous degree, three pages long. I work long hours and get all my work done, as I have for nearly 9 years with the company,.. and I am not a lazy employee or incompetent by any means. I also came out as gay to my fellow employees 2 years ago, same time as new management came on, and believe several of my supervisors have a problem with this. One has even told another employee he feels uncomfortable around me at times, especially because he likes to make sexual innuendo jokes in meetings. I do not mind being let go, the company has become an increasingly uncomfortable and stressful place to work, but I do not feel this is right the way they are trying to force me to sign this and risk being fired instead of simply agreeing to dis-agree and terminating my employment so I can receive severance and/or unemployment.
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Tina- one last question. As I'm preparing a response letter to this PIP, detailing with facts my response to each point they make, and declaring I sign only under protest, would it be advised to mention the personal knowledge I have of my supervisor saying he is uncomfortable around me because I am gay, and that my work has been affected by a lack of communication? I know this would make my work environment miserable going forward once he finds out, however, if it buys me a few months to look for work that might help. It seems that at least voicing the accusation might make it more difficult for them to immediately fire me, and that if they did, it would only add to a discrimination case in my favor. On this point I'm torn because I really have worked hard for this job, and hate to see it end on these terms, but I do need to defend my self and my career. Thank you.
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