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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 19779
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was fired from my job 2 weeks ago and I have requested

Customer Question

Hello -
I was fired from my job 2 weeks ago and I have requested that they send me a copy of the Performance Improvement Plan they made me sign back in May. I did everything that they asked, that we discussed to improve over the past 2 months.
They have denied my request to provide the letter and said that all email are property of Hays and that they would not be willing to provide me copies of those either.
I am not necessarily going to take legal action against them, due to the fact our industry is very close knit in the Denver area and I find that it would make it harder for me to fine a new job. But I am also interested if I have case.
I had emailed my boss to document and recap the conversation we had after our discussion regarding the Performance Improvement Plan. I have a feeling he never sent it along with the signed document to HR. I sent the recap, because I had confronted him with a few issues during the conversation. For example, I was hired on at the company at the end of September 2015, a few month later one of their employees quite to go fill my old position at my previous employer. He only stayed their for 30 days and then contacted my new company to comeback. They had already filled his position, but they hired him back anyway. A coworker who was good friends with him had informed me that he as saying things about me and that my position at my last company was a demotion to what he had been doing. This coworker made it sound like he was slandering me, in order to get his job back.
After he came back, I saw a shift in how upper management treated me. It felt as though once they hired Tom back, they were giving him the position they had hired me for. I also continued to catch an employee (who was my bosses nephew) doing things, that appeared to be setting me up to fail. I did my best to confront these issues with the individual as well as talk to my boss about them. When discussing with my boss, he snickered on a few occasions as if he could care less.
Approximately 4 weeks before I was fired, I had sent an email outlining and documenting an issue regarding this individual. He told me they were taking me off of a mutual client. When I asked why he said that it was due to inconsistency in their monthly financial reporting. Their reporting had gone out late that month, but to no fault of my own. I had completed the reporting in a very timely manner. It was this individual who sat on the peer review of the document for a couple of weeks. I had emailed him on multiple occasions to follow up. It was decided in my "Performance Improvement Plan" that the account executives wanted to review everything before it was sent to the client. I had put in place a formal peer review process to avoid issues like this. Both my boss and the head of the office never acknowledged my email, from that point forward they avoided me, barely said hi when passing in the hall. I felt as they were just ignoring the issues.
I continued to make a list of other issues as they arose to discuss with my boss, once he got back from vacation. I never got the chance as he ended up firing me shortly after.
My main question, should the company be willing to provide me with a copy of my Performance Improvement Plan (after I've been fired). I had a hard copy, but it seems it got left behind at my desk when I was hovered over to pack up my stuff and leave.
Second, I have multiple instances that include a particular employee using me as scapegoat for issues with clients. I also feel as though it was a "boys club" and they treated the women differently, they had hired multiple young women and we had all discussed on multiple occasions that they treated us differently. I worked on the financial side of things and was the only one excluded from 3 meetings (that I know of), that all the financial minded individuals were all invited to (I was the only woman, the rest were men). A couple of other examples of how they treated women in the office, to give you an idea:
* They called 2 older women in the office the "Old Horses" that need to be sent to the glue factory soon.
* I was in a client meeting with a pregnant coworker, at the end of the meeting she was informing them that she was pregnant and that she would be going on maternity leave in September. My boss was also in the meeting and said "She doesn't have a ring on her finger, how do you all feel about that?". To which one of the clients said "I had my first child before I was married, so I think it is perfectly acceptable.
When he fired me he did not provide me with a specific reason, he talked around it when I asked for more feedback. He said we just decided you can't do the job. We need someone who can work with multiple people and clients. When I asked for an example of when I wasn't able to, or if clients had complained about me. He responded with "No, not that I'm aware of".
Submitted: 4 months ago.
Category: Employment Law
Customer: replied 4 months ago.
I should have also mentioned that they had lost multiple clients in the last few months (none that I worked on). I believe they no longer could afford me, since they had hired back Tom after they had filled his position.Also a couple weeks earlier they fired another woman in their property casualty department after hiring a man in the department a couple months earlier.They also seemed to manage by rumor, employees who had worked there for years seemed to "tattle" on each other and that was what managers went off of. They seemed to use here say as fact.
Expert:  Marsha411JD replied 4 months ago.

Hello,

Thank you for the information and your questions. Although some states have statutes that require an employer, or former employer, to provide access to an employee's personnel record, or documents that would be in it, Colorado is not one of those states. So, in this case, unless your employer has a written policy that allows access, they do not have to provide you with copies of what you are requesting. That said, if you were to file a gender discrimination complaint with the State, or the EEOC, or later file suit, the agencies, or you in the latter case, would have access to your complete personnel file through the investigative or discovery process.

As for the issue of gender discrimination, I can't really venture an opinion on that since I don't know all of the facts, including those from the perspective of the employer. You certainly have a right to file a discrimination complaint with the agencies I mentioned above and let them investigate the situation and try to resolve it. If they believe that your complaint is substantiated and you haven't been able to mediate a settlement with the employer through the agency, they will either take the case a file suit on your behalf or issue you a "right to sue" letter that enables you to hire your own attorney to file suit.

Keep in mind that Colorado, like most states, is an employment "at will" state. So, the employer can terminate for any, or no, reason and with no notice or warning, unless doing so would violate a contract or an employment discrimination law.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 4 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 27th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.