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Gerald-Esquire, Lawyer
Category: Employment Law
Satisfied Customers: 2849
Experience:  30 years of experience
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My name is ***** *****. I returned from 6 weeks on MLOA and

Customer Question

Customer: Hi my name is ***** *****. I returned from 6 weeks on MLOA and returned to work on restricted work schedule. maximum 30 hrs weeks 1-3 and then 40 hrs weeks 4-6. Last Thursday I handed HR department a Maximum restricted hours of 10/day-50hrs/wk I received from my Cardiologist. An 1 1/2 later I ws called to a telephone meeting and was informed that I was being placed on a "PIP" 160 day plan. I am a Senior Accountant for a Publically held company. I haven't signed the "PIP" letter that was presented to me yet. What should I do? Should I seek legal advice?
JA: Thanks. Can you give me any more details about your issue?
Customer: I summarized already the details. Is there something specific you need to know? I live in FL and I've been at this company for 10+ years
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Submitted: 11 months ago.
Category: Employment Law
Expert:  Gerald-Esquire replied 11 months ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience, including substantial employment law experience (primarily from the employer side). I hope to provide you information that will help you in resolving your question.

This sounds like your employer is trying to "manage you out the door." By this phrase I mean they are initiating actions with the goal of you deciding to retire early, resign, or if they can find an excuse terminate your position.

This is a common, and unfair practice, designed to limit their risks and expenses in maintaining you on the payroll.

You are going to find that your supervisor is suddenly going to be taking issue with your work performance. Projects that you had previously handled independently are going to be reviewed and second guessed. You will be spending time writing reports to defend or justify your decisions. Then because your productivity will suffer (as your time is spent to attend PIP meetings, meet with your supervisor, write justifications), you will be subject to discipline for the reduced productivity.

You should ABSOLUTELY seek out local counsel to help you navigate through this and sort out your options. Keep in mind that HR is NOT your friend in this, nor is your supervisor.

What you need to start doing is document the ways in which your performance is being undermined. You need to start working with your physician too establish either grounds for an American's with Disabilities Claim or grounds for a disability retirement. The Disability Retirement can be a very tricky proposition depending on your employer's policies. But you need to start looking at those policy manuals that you have only glanced through before.

This link may be useful to you in finding an attorney:

Please do that as soon as possible. Try to delay signing the PIP until you speak with counsel. Your attorney may advise you to contest the PIP in writing.

I hope the information I have provided is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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