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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12927
Experience:  Significant experience in all areas of employment law.
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My husband is appealing a pip that he is being put on due to

Customer Question

My husband is appealing a pip that he is being put on due to the plan citing several lies, all of which he has emails to back this up with. If he doesn't win his appeal, should he speak to an employment lawyer?
JA: Was this discussed with a manager or HR?
Customer: It will be during his appeal tomorrow
JA: Is the employment "at will," union, full time, or part time?
Customer: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: Sorry, I don't know how this works/i was doing a google search h and found your site/
Submitted: 2 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

I am very sorry to hear about this unwarranted PIP. Is your husband in a union? I very much look forward to helping you on this matter.

Customer: replied 2 months ago.
No, he is not in a union.
Expert:  Patrick, Esq. replied 2 months ago.

Thank you.

Not being in a union unfortunately means that your husband's employment would be considered "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even TRUE.

Since employers don't need a good reason let alone a true reason to let someone go, the law does not regulate writeups, which are simply an optional precursor to such employment action. Regrettably, this means that someone in your husband's circumstance would not typically have any legal recourse should his internal appeal be denied. His sole recourse here is persuasion, I am very sorry to say.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....