How much Q really has gained by forcing some folks into PIP by cutting them from training/meetings, abusing them with overloaded tasks & then giving them something impossible to complete and eventually forcing them to resign or get terminated instead of simply laying them off? Wonder if the lay off warn notice or unemployment insurance worth it for Q to ask its managers playing this nasty game?
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and avoid bad PR as all this happens under the radar, no official announcement need to made..
IN THEORY: Yes, you can have your attorney present during a PIP discussion. It's not illegal. IN REALITY: There are several major obstacles: You will still have to request permission because your attorney can't go on the employer's property without permission and being badged. Knowing the Q, they will probably want to plant an RFID chip to keep track of him while he's there. Q will argue that having an attorney present changes the nature of the PIP. In theory, the PIP plan is supposed to encourage employee improvement. When you bring your attorney, the Q will be forced to have one of their attorneys attend your PIP meetings, as well. This turns what would ordinarily be considered a "remedial" session into an adversarial situation. (In particularly contentious issues, they may also have an independent auditor attend, who will later be a witness for Q.--to attest to the fact that you were fairly treated.) Bringing your own attorney to a PIP meeting doesn't really help you very much, because the Q has way more money to spend on lawyers than you do. And before you even think of a lawsuit, you need to keep in mind that lawsuits are public filings, and can impact your career going forward. So, If you're going to spend money on lawyers, do it right. (1) When you get a downgraded performance review, the first thing you want to do is request your complete employee record. Send this request USPS by certified mail, return receipt requested. They must respond within 30 days of posting, plus 5 days for mailing. Your letter should request your complete record, which includes, but is not limited to: all of the contracts and agreements you signed with the company, your application, references, pay stubs, hours worked, accrued vacation time, reviews, disciplinary actions, awards, promotions, etc. as well as the company policy manual, benefits summaries, and similar guides. Any attorney you see will ask for these--and will charge you a lot of money to get them if you don't bring them with you. Examine these to see if there are any disciplinary actions or complaints that support the downgraded review before you spend money on attorneys. (2) Fill out a complaint online and schedule a consult with the EEOC or DFEH or other applicable compliance office nearest you. They will be able to tell you if you have a viable complaint before you hire an attorney. REMEMBER, your employer has the right to fire you at any time. Under CA law, he doesn't need a reason. Consequently, there are only certain discreet categories of employment complaints that are worth pursuing in court. (HINT: Major butthurt is NOT one of the categories.) (3) If you are put on a PIP plan--or just threatened with one, start looking for another job, immediately. Sometimes the path of least resistance is more profitable. (4) If you haven't yet found the dream job in SD, and are put on a PIP: DOCUMENT EVERYTHING. Set aside time to make notes about what was discussed immediately after you have your PIP meetings. In addition, ask for copies of everything discussed at your PIP meetings. (It's always good to have more than one perspective.) Have your manager, director, lead or HR person you speak to at these PIP meetings send you a summary of everything you discussed. If you are assigned a project, make sure your manager/lead sets out in excruciating detail what he expects to be done, and how. If the project requires coordination between groups/divisions and you don't have the rank to make it happen, make sure your manager/lead knows this, and sees that the others comply with your schedule. Make sure the manager/lead sets out well-defined and reasonable benchmarks and completion dates. In other words, make sure the manager/lead isn't burdening you with stuff that should really be HIS job. Because he's probably going to screw you over, anyhow. (5) THE EXIT INTERVIEW: Play it just like the PIP. Listen intently. Take notes. Make sure you get hard copies of all of the Plans you are entitled to under COBRA, and your financial information, as you may not be able to access them after you leave. Ask for hard copies of every document. Ask questions. Depending on the situation, you may or may not be offered severance. DO NOT let HR conflate your last paycheck, any other earned benefits, and your accrued vacation pay with severance. If you have earned money or vested benefits, they must be given to you--no strings attached. You will most likely be asked to sign a release or severance agreement. Ask for time to think this over. You have a right to consult with an attorney before signing any waiver of your rights. NOW is the time to consult an attorney, if you haven't spoken to one already. And don't choose your attorney based on price, or promises of a big payout.
nasty? its fun game for them...
Flexibility in hiring replacements should they want to, and they avoided diminishing the H1B quota for the company that laying off engineers would have caused