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I was on a 60 day pip that ended 1/3. My manager called me…

Customer Question
I was on a...

I was on a 60 day pip that ended 1/3. My manager called me in her office today and told me they're going to extend it 30 days, but she doesn't know why I'd want to work here because I don't see like I'm interested in staying. I followed the improvement requirements, so not sure why she'd think I wasn't interested.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

No, not yet.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I don't belong to a Union. I'm a full time exempt employee.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm almost 60 and I feel like I'm being discriminated against. Most of the PIP was subjective.

Submitted: 4 months ago.Category: Employment Law
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Answered in 11 minutes by:
1/4/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,056
Experience: Significant experience in all areas of employment law.
Verified

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

I assume your question is essentially whether this is illegal. That being your question, I must unfortuntely tell you that nothing you have described suggests any violation of the law. In general, employers have vast discretion when it comes to evaluating performance. This discretion comes from the fact that employment is "at will" absent an 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.

So, since an employer doesn't need a good reason, let along a fair or even true reason to fire someone, the law does not regulate performance reviews, which are a completely unnecessary legal step when it comes to an employer's ability to terminate employment.

Now, if you have evidence to suggest that the whole PIP is a fabricated pretense to get rid of you specifically because of how old you are, that could change things. But this would require strong evidence in the form of derogatory comments about your age, a pattern of unfair treatment toward older employees, replacing you with someone much younger and less qualified, and things of this nature. Also, any sort of discrimination claim would require you to actually be terminated or otherwise suffer financial losses. A PIP is not enough on its own to sue because there are nno actual damages. And if you resign, you cannot claim that as damage because resignation is something you voluntarily chose to do. So, to sue for age discrimination you'd need to wait until you were fired and then present evidence that the only reason you were fired was because of how old you are and that it has nothing to do with your actual performance.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago

Hello again,

I just wanted to followup because this question was still open and I have not heard back from you. Was there anything more I can do to assist you? Did you get a chance to review my answer to your question? Please let me know....

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