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I have a question regarding performance improvement plans in…

I have a question...

I have a question regarding performance improvement plans in the state of texas

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will full time

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

It is really about the validity of the form and if there is anything that can be done after it was signed. An error was discovered on the form

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Customer reply replied 5 months ago
This request is for my husband. I've attached a copy of his PIP. Please note that he has no other written warnings. Also note that the form states "Bethel College." That is not the company he works for.
Answered in 1 hour by:
3/7/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

The issue with PIP's is that they are not regulated by statutes at all. Nothing in Texas or federal law requires that an employer use progressive disciplinary processes at all. In an "at will" employment state, like Texas, the employer could immediately terminate with or without cause, at any time.

PIP's were invented by employers as a means of generally documenting disciplinary/performance issues within the workplace and to memorialize efforts to correct those issues. They aren't contracts or bills of sale or deeds, nothing that would require any hyper formality (and, in fact, those other documents aren't subjected to hyper formality either).

The fact that an incorrect name of the business was used on the PIP really does nothing here. He was given the PIP and they discussed the issues. They don't really need the PIP to terminate. No court is going to hold that the inclusion of the wrong name was so confusing that the employee couldn't have understood that the PIP was concerning his job and his performance.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified
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Satisfied Customers: 20,632
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Experience: Employment/Labor Law Litigation

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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