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I have a question about employment laws. I am a women that…

I have a question about...
I have a question about employment laws. I am a women that works with 2 other men, I am an engineer and we all do the same kind of work. Our work is very meticulous and we all have created several errors on our projects. But recently in our performance, I was the only one put on a performance improvement plan to address these errors. Also I was blamed for all the errors and my manager told me that I should be ashamed of coming in to work since everyone here in the building thought that I was the one causing all these errors. Talking to different people I later found out that other people didn't have that impression of me, that was just used as a tool to give me the PIP. Also after telling HR about this, she said that PIPs are not given on perception, I have elevated this to HR higher ups and now they want me to file an official claim against my manager. Will this have consequences agains me?
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Answered in 7 minutes by:
3/23/2018
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,006
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. IF it has "consequences" then that would likely benefit you. That is, there are "anti-retaliation" laws that protect you from being retaliated against due to filing a complaint based upon race, age, religion, gender, or disability. This is even the case when the complaint that is filed is internal, rather than with the EEOC. So in essence, filing the complaint actually gives you better protection and in a sense makes you "bullet proof" (in that you have a different case for retaliation should the boss do anything against you for filing the complaint).

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

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Customer reply replied 1 month ago
How do companies follow up with these compaints on their end?

That's really an internal matter, but generally they investigate, propose and implement some sort of plan to mitigate or solve the problem, etc...

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Customer reply replied 1 month ago
What negative impacts could happen?

Again, IF they do happen, you have a different case for retaliation. It could lead to more work, additional PIP, and an altogether hostile work environment, but it's just as likely that the situation would improve.

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If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,006
Experience: Licensed Texas General Practice Attorney
Verified
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Customer reply replied 1 month ago
Today HR concluded the complaint investigation and her recommendation was to lift the PIP for being given without basis. What if management does not follow her recommendation? What can happen?

If management doesn't lift it, that means that it's more evidence that this was done in retaliation or for a discriminatory motive, rather than a valid remedial measure due to your performance (and would give you an even better chance of success if you were to file a complaint with the EEOC). The reason is that now you have an independent department that is siding with you and telling them that they shouldn't be doing what they're doing, and the fact that it occurred after filing a complaint seems like it would be a valid retaliation claim if they do not take that action.

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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 18,006
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