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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12027
Experience:  Significant experience in all areas of employment law.
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I was placed on a performance improvement plan today at

Customer Question

I was placed on a performance improvement plan today at work. I have received excellent reviews and positive feedback from my clients. My manager has stated in the past she doesn't know how to manage me because we have such different personalities. She treats me differently than other employees. At this point, do I have any resources, or do I simply need to accept this and know I will be termed in 30 days?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, employment in the state of Indiana is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even TRUE.

Since employees can be terminated "at will," the law does not regulate evaluations. Indeed, it would make little sense to say that employers have to follow specific protocol when evaluating employees when they can simply fire the employee without offering a formal evaluation at all.

So, this is really not a circumstance in which you have any legal recourse or protection. That is the hard truth, but you deserve a straightforward response. All you can do is attempt to address the concerns about your performance that your employer has raised, however unjustified they may be. If you are terminated, you will be entitled to unemployment benefits unless you do anything to intentionally provoke termination, which would disqualify you on grounds of misconduct.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Customer: replied 1 year ago.
Thank you for the response! I have also been absent from work for a medical condition, and have provided notes to HR and my manager. I was preparing to go on FMLA, but was just placed on this performance improvement plan prior to filing. My boss has asked about my medical condition, and asked me to document when am feeling ill or at a doctors appointment on a group calendar. In addition, she has been asking how I am feeling. Is this at all related, or have any bearing? Also, does it make a difference where the company is actually located?
Expert:  Patrick, Esq. replied 1 year ago.

Thank you for your reply. The state where you are physically performing your work is the state whose law will control. However, "at will" employment is followed by all states in the U.S. except Montana, so it is unlikely to change the answer.

As far as your medical condition is concerned, what exactly is wrong with you? Do you believe that your employer could accommodate your medical condition in some way that would enable you to improve your performance?

Expert:  Patrick, Esq. replied 1 year ago.

Were you able to view my last response? I would like to assist you further but I need you to answer my questions. Please let me know if you did not get them....

Expert:  Patrick, Esq. replied 1 year ago.

We have been having some site issues that are preventing customers from responding to and rating answers. Please let me know if you are having any difficulty.

Best,

Patrick

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