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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 17538
Experience:  B.A.; M.B.A.; J.D.
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I have a very time sensitive question. I've received a

Customer Question

I have a very time sensitive question.
I've received a 'Development plan' document from my employer - my direct manager along with HR rep - on the remote call.
This document looks like 'termination excuse' to me, and signing it would be a 'suicide'.
See attached.
I'm not sure I want to sign this in case I decide to sue them in the future base on some 'discrimination' reason, i.e. age (I'm 47) or accent (I have some).
I'm looking for advise ASAP. So if you could please get in touch with me on Thursday morning for a short talk that would be really great.
Please call me directly at (###) ###-####
Regards,
Anton Rychenkov
P.S. I did sign and scan the 2 pages separately and emailed, but they are asking for a hard copy mail.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Phillips Esq. replied 9 months ago.

Hello and Good Morning:

There is no attachment.

A talk would be an additional fee. You can make a phone call request through the site's "Premium Service."

Thank you for your cooperation.

Customer: replied 9 months ago.
Here's the attachment. Please advise.
Regards
Expert:  Phillips Esq. replied 9 months ago.

Thank you for the information.

I will not sign the document if I were you. I would not advise you to sign the document if I were your Attorney, which I am not. Signing this document means that you have agreed to the management assessment of your performance as being substandard. Therefore, if you are terminated, you cannot come back and file lawsuit against the employer for wrongful termination if you do not meet the deadlines as stated on the document.

Best wishes,

Customer: replied 9 months ago.
if I don't sign - what type of lawsuit on wrong termination can be filed? The employment is 'at will' for both parties as is, and it stated in all the hiring documents I signed before. So I can be terminated for no reason actually. Right?
Customer: replied 9 months ago.
Also, earlier this week I did sign and scan the 2 pages separately and emailed, but they are asking for a hard copy mail or both pages in one file electronically. What difference does it make? Pretty strange.
Expert:  Phillips Esq. replied 9 months ago.

So if I don't sign - what type of lawsuit on wrong termination can be filed? The employment is 'at will' for both parties as is, and it stated in all the hiring documents I signed before. So I can be terminated for no reason actually. Right?

Response 1: Eventhough your employment is at will, if terminated and the employer gives reason for your termination and you believe the reason is wrong, you can file lawsuit against the employer for wrongful termination. Also and more importantly, if the real reason for your termination is because of your race, age (40 and over), national origin, or the like and the employer has 15 or more employees, you can file discrimination complaint against the employer with U.S. Equal Employment Opportunity Commission.

Also, earlier this week I did sign and scan the 2 pages separately and emailed, but they are asking for a hard copy mail or both pages in one file electronically. What difference does it make? Pretty strange.

Response 2: I do not know what difference a hard copy makes in this electronic age. Scanned copies are generally treated the same way as the original copies. However, if the employer is insisting on a hard copy, then you need to do as requested.

Kindly give a positive rating to my post so that I can receive credit for answering your question—so that part of the deposit that you already paid to the site can be transferred to me. You are not charged extra for doing this.

Thank you for your cooperation.

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