Question
My employer of nine years is getting ready to fire me for ginned-up reasons because the new manager doesn’t like me. They’re going to give me a PIP (Performance Improvement Plan) to cover their legal tracks and a lousy “severance” deal that will also prohibit me from working for any competitors. I did nothing wrong and my excellent performance reviews and salary raises tell the real story. I can’t afford to hire a lawyer, not yet anyway. I know I should keep impeccable records but what else do you suggest?
Nick’s Reply
Welcome to an old story: Smug employer flagrantly abuses the purpose of a PIP to screw over a good employee and counts on the employee’s fears to get away with it.
Be alert and be careful but don’t be afraid. Then get a bulldog!
Do you need an employment lawyer?
I sometimes advise readers with problems similar to yours to at least do an initial consultation with a good employment attorney for a nominal sum — right after I offer my routine disclaimer that I’m not a lawyer and don’t give legal advice!
I occasionally quote the best lawyers I know on various employment matters. For example, one of my own lawyers (retired, so please don’t call him!) shares excellent insights about employment contracts. Another (also retired) discusses the finer legal points about rescinded job offers. Another, active, attorney I often turn to when I need tutoring on some arcane aspect of employment law is Mark Carey, who works only on the employee side of cases. (See Confusion about employment at-will.)
A.I. created by a top employment lawyer
Mark Carey actively markets his legal services but he also gives away loads of valuable insights and analysis about how put-upon employees can use the law to their advantage. You can learn a lot on his website for free without ever hiring him, just like you can learn a lot on Ask The Headhunter without ever paying me a dime for a private consultation.
Mark revels in giving errant employers a hard time by educating employees via his website, blog and podcasts. In fact, Mark recently introduced an A.I.-driven version of his archive of over 200 episodes of excellent, in-depth employment-law advice. I suggest you type your questions as prompts into his Employee Survival Guide A.I. After digesting the A.I.’s answers, dig into the linked original sources from his blog and podcasts for even more help. It’s all free.
After reading your concerns about PIPs and severance, I submitted prompts about them myself. Here are just two of the many responses from the A.I.:
Tie Payment to the Non-Compete
Let your employer know you’re willing to consider a non-compete, but only if they provide additional compensation specifically for that restriction… For example, you might say:“I’m open to agreeing to a non-compete, but given the impact on my future employment, I would require additional severance or compensation for the duration of the restriction.”
. . .
Do NOT Sign the PIP
Signing a PIP can be interpreted as accepting its terms and the alleged performance issues, which can weaken your legal standing later. You are not required to sign it. If pressured, you can state that you acknowledge receipt, but do not agree with its contents.
Clicking through to the source documents and podcasts may give you all you need to deal with the challenges you face. If you decide to consult with Mark, please understand that I’m pointing out the resources he offers because I think the material is excellent and immediately useful. I receive no compensation or consideration of any kind for this. In fact, Mark doesn’t even know I’m writing about his new A.I. tools for employees. I just think what he’s giving away for free will help my readers. Mark Carey is the kind of aggressive advocate I respect.
The next best thing to hiring a bulldog employment lawyer is using Mark Carey’s Employee Survival Guide A.I. for free.
Have you ever hired a lawyer to protect your interests when dealing with employers? What happened? Are there good online legal resources you like?
: :
You may want to go on the offensive and put a deal on the table with your employer including what it will take for you to resign. You’re probably right that you are getting forced. Why not negotiate your exit while you have maximum leverage. If your manager wants you out this bad, he should be willing to expedite the process by getting you to agree to your exit. Good luck.
Where I used to work, one of my colleagues was placed on a PIP but was not let go. Usually, a PIP was initiated because they intended to let the person go. One person I worked with kept a spreadsheet of every assigned task, its initiation and completion dates, outcomes, and other notes she thought was relevant. She used it during her performance reviews and when looking for a new job. Having all the information in one place is very helpful, especially if confronted with a PIP or some “disciplinary action” by HR. Also, I learned from a project manager to archive every email related to tasks and projects, so there is written documentation about what everyone agreed to do. Document absolutely everything related to this PIP and anything else going forward. It is unfortunate that being employed has come to this but you have to protect yourself.
Consult an attorney – most employment attorneys offer free consultation. Many take your case on contingency. If one attorney rejects your case try another one. Also, check your local court dockets and see which law firms have gone against them.
Kevin,
That is an excellent suggestion to check your local court dockets for law firms. Another option is to reach out to ERISA lawyers who can provide referrals. I found one this way, so it helps to connect with employment lawyers who include ERISA as part of their practice. Not all do.
I have spent a career and lifetime keeping simple yet complete effective daily logues of everything I do during the day at jobs.
I was once put in a no-win situation and was TOLD I would be put on a PIP that I WOULD sign. Knowing there was no cause, rhyme, nor reason for it, and that they were trying to get rid of me because of age, I LITERALLY told the HR ass to his face to go f**k himself and stuff his PIP up his corrupt a*s, literally.
I then returned to my desk and immediately sent an DETAILED eMail of the whole situation directly to the CEO. He was incensed, the whole matter blew sky high, he assigned his next in line Exec VP to negotiate with me, my Manager was fired, and my whole department eventually was disbanded and disappeared. All because nobody knew what the f**k they were doing when it came to Personnel relations.
Also know that many bigger richer companies simply pay a cost of doing business retainer to many local and regional employment law firms, without ever engaging the firm, simply to prevent anyone from using those firms, via conflict of interest, to sue the company for employment-related matters. A law firm won’t take your case if your employer is already a “retainer-ized” Client of The Firm … cronyism and corruption at its most blatant.
Nick
You are right, I had no idea you wrote this article until you sent it to me tonight. Let me express my sincere thanks to you for always believing in my cause. I really want employees to help themselves and that’s why I put out so much content. Stay tuned, I have only just started.
Mark Carey