Is it illegal for a manager to admit a Performance Improvement Plan is just a formality? [closed]

Interviews General Queries 2 years ago

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Posted on 16 Aug 2022, this text provides information on General Queries related to Interviews. Please note that while accuracy is prioritized, the data presented might not be entirely correct or up-to-date. This information is offered for general knowledge and informational purposes only, and should not be considered as a substitute for professional advice.

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manpreet Tuteehub forum best answer Best Answer 2 years ago

 

I started working for my company as a contractor. I worked hard, proved myself and got hired as a full time employee immediately. I got hired against the odds, the company was laying people off at the time and if it didn't make some people feel bitter, it certainly raised expectations sky high.

They wanted me to get more acclimated to the team and gave me a different job no one else wanted, saying I had to prove myself first. The initial plan was that I would do it for 3 months, and go back to what I was hired to do, which got canceled unexpectedly. I got stuck it and I worked for another year and half at this position. Although I hated it, I worked more than anyone else and tried my best to get good at it but it wasn't enough.

My manager told me today that he had decided to place me on a PIP plan. I took the news very calmly. In fact he didn't want to say it, but he was acting weird, speaking in a threatening manner, such as "if you don't get this done, this conversation will change". So it felt like pulling a tooth, but I got it out of him, that he had already decided that I should be on a PIP.

I think he was caught off guard and he wasn't prepared for the conversation, because he also said that he doesn't expect me to achieve better performance.

So on one hand he is saying "yay, there were others who passed a PIP successfully, they are still here, you can do it!" and on the other hand he goes "we've been talking about your performance since July, you had chance to fix things and at this point, I don't think you can do it"

Can your employer put you in a conflict like this? Is it even legal to speak of a PIP this way?

I wrote him an email, in a professional and respectful manner, and told him that I felt conflicted about his statements, and that I did not agree that I should be on a PIP. I mentioned the resistance I felt from the team, and asked for guidance to overcome these difficulties, adding I believed I could be successful at my job, and was ready to do my best.

Clearly, this position is not for me. My goal here, is either to switch to a different department asap, or to be kept on a PIP for a short period and get laid off at the end of it with a severance package. I am trying to avoid getting fired with no compensation. And I need time to find another job.

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manpreet 2 years ago

First the PIP is not just a formality. It is giving you the opportunity to improve your performance before further action is taken. That your manager does not expect you to actually get better does not mean that you will not get better. Your could surprise your manager and get better which is the point of a PIP in the first place. To give a existing employee a chance to correct deficiencies before serious disciplinary action is taken.

There is no law or other restriction that would prevent your manager from telling you anything that you were told. There is the potential that something he said could be used in a case against the company but that is true of literally anything he says in his capacity as a manager for the company you work for.

Basically your manager is providing you with some time to try to find a new job before he is forced to fire you. I would recommend you either take that advice or figure out a way to improve your job performance quickly. Or both is probably your best bet to cover your bases

 

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