Performance Improvement Plan

My employer of 3 years did my performance review and I challenged the raise they gave me based on the fact my sales numbers were at goal the entire year. After the meeting they put me on a pip without any verbal warning. The expectations are extremely unrealisticto attain. I did not sign the document and am meeting with HR next week. What should I say about this- I feel they are railroading me into quitting or setting me up to be terminated and not have to pay severance. The company has been restructuring and is in some financial difficulty. My aunt told me to say in the meeting "I am seeking legal action or reviewing with my employment lawyer" but I'm not certain what my rights are and if this is worth fighting since they most likely are setting me up to fail so they can terminate me. Can they still hold me to this agreement if I refuse to sign?

Do not sign if you feel it is unrealistic. Write out why it is not realistic. And discuss with them.

[Bricks41]

I would agree with the Guest's response. Do not sign it and give a detailed written explaination as to why you do not agree with it. If they choose to discharge you can argue that you met your goals, but the new set of goals are above and beyond reasonable.

By the way, never use the "I'm in contact with a lawyer" routine because it really does nothing to improve your position. Your employer most likely has a lawyer on retainer and for you to bring a lawyer into the situation would most likely not be worth the cost in the long run.

[jjones8601]

What state?

All states vary on labor laws. Texas is a “right to work” state and employers do not have to even worry about an employee failing to meet goals. Employers may terminate anyone for almost any reason. However, that does include reasons such as Race, Color or Creed.

States like California is a whole other animal and you have many more employment rights.

Thank you all for your help. Happening in Pennsylvania. I did not sign and the 30 day period is coming to a close. Will find out shortly but not hopeful. The best thing could be unemployment if they terminate me. After what they have put me through that will be a welcome break. From what I understand this is the paper trail so they don't have to pay severance, but I've also never seen anyone get severance so it doesn't suprise me.

[sunlover]

Just a note unless you have a contract that says otherwise there is no law that forces severence. The "papertrail" cannot be to avoid severence since there is nothing that would force it. The "papertrail" is a CYA as they clearly want to remove you from their employment and might be setting things up to deny UI benefits. Do not quit! Do not make waves! Yes talk to HR so your feelings are documented. If you ar fired and they try to deny benenfits (unemployment) file an appeal. Start documenting things yourself. Do not sign document! If any anything write on document you refuse to sign and why.

thanks. I was terminated today "unofficially" but they are moving forward. If they deny me unemployment benefits I plan on hiring a lawyer. I have all my documentation to support the fact that I worked my a... off! but I didn't quit. It was clearly a papertrail to do what essentially they set up from the gate.

me again....I had my last day yesterday only to find out they are not replacing my position. SO, this was a set-up since they are eliminating the territory and got out of paying severance. Is it worth pursuing any type of legal action on this? A friend said I can sue for wrongful termination since it was actually downsizing not a performance related issue.

[sunlover]

Your friend doent know much about labor law! Unless there is a cba, employment contract or, violation of law (none of which exist here) there is no case