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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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During my PIP performance review I protested and disagreed

Customer Question

during my PIP performance review I protested and disagreed with many of the items they listed needed improvement yet I do this things on a daily basis. during the meeting with my manager, his manager and HR i commented that I was being targeted. After our meeting I met specifically with HR and explained why I felt that way and that I was being bullied. My HR rep is contacting Legal about violation of code of conduct. I am very concerned now, that they will come against me at full force for disclosing some of the things that go on. What are my rights and what should i do? I'm afraid they will cancel the 90 day PIP and just fire me.
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. I'm sorry to hear about this.

I'll need to ask you some preliminary questions before I can give you an answer to your question. Are you in a union or do you otherwise have a contract for"just cause" (as opposed to “at will" employment which is the default employment condition)? Do you think the manager(s) and HR have an ulterior motive to put you on PIP or in terminating you, perhaps your age, race, gender,disability or religious beliefs, or in retaliation for you reporting the company to a government agency?

Customer: replied 1 year ago.
I feel both the managers have an ulterior motive, even when I complete my 90day PIP, the result clause stated that termination is possible if I don't complete the PIP items 'OR" if due to a critical incident. Everyone in my Network team we work on critical incidents during our on call week. Some incidents are caused due to hardware or circuit failure out of our control. I truly feel they are targeting me. Others in the group have been involved in critical incidents they themselves caused due to shotty work. They have never PIP'ed anyone else in the group in the years i have been there.
Customer: replied 1 year ago.
I am not part of a union and the PIP form stated that it was not a contract and employer is an "at will" employer. thank you
Expert:  John replied 1 year ago.

The critical question then is WHY are they targeting you? You are at will but if the reason why they are targeting you is illegal - like your age, race, gender, religion or in retaliation for reporting them to a government agency - otherwise they are free to do any of this. So do you think its any of these?