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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Ive been recently been put on a PIP. We had one meeting and

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I've been recently been put on a PIP. We had one meeting and we ended with them saying they would document the issues and it would go on my record. It's been 4 weeks since the first meeting and now they have called a second meeting this week. What should I expect? Will I be terminated. Do I have any rights? Should I tell them that I have Diabetes II that I think is affecting my performance. I'm working with my doctor to go out on disability. Do I mention this?
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

The meeting is likely just to review your progress under the PIP and determine if you are improving or not.

Unfortunately, however, as an at-will employee, you can be terminated at any time for any reason with or without any prior notice, so it is still a possibility that you could be terminated at the meeting.

Also, unfortunately, as an at-will employee your rights are extremely limited, since according to the employment at-will doctrine, as stated above, your employer can terminate you at any time for any reason with or wihtout any prior notice.

This is codified in California Labor Code Section 2922, and states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

You should mention that you have type II diabetes and at the meeting if you think that it's affecting your work performance. If you are
able to perform the essential fucntions of the job with a reasonable accomodation, your employer would be obligated to provide you
with one.

However, contrary to popular beleif, you can still be terminated while on disability as long as your employer terminates you for a reason unrelated
to your disability, so declaring your disability and going on disability would not necessarily provide you with job protection.

In order to receive job protection, you would need to apply for FMLA leave in addition to disability, which you can do if your employer has
50 or more employees.
Joseph and other California Employment Law Specialists are ready to help you