I just cannot believe this. A "major industrial" company would pay a better severance than this simply to prevent a suit.
She should hang on and get fired if that's what you have concluded. During that period hopefully she will find another job.
LdN
Resigning vs Being Terminated
- Thread starter flavorguy
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I just cannot believe this. A "major industrial" company would pay a better severance than this simply to prevent a suit.
She should hang on and get fired if that's what you have concluded. During that period hopefully she will find another job.
LdN
This is great advice. It is also a pain in the ass for the boss. I would also add that if this is a large company they would likely rather negotiate a severance rather than risk an age sex, discrimination lawsuit. If her first 26 years had good reviews her position would be pretty strong.
The question a judge would ask is why was she a good employee for 26b years but isn't today. What is different? [her boss] If she was a good employee why can't she be trained,. If she was a good employee why can't het re assign her somewhere else.
There is a reason why most large companies only fire someone with 25+ years of experience when they have committed a fraud.
I would bet 90% are negotiated severance or lay offs [company is doing away with the job ] which also usually comes with a severance.
Resigning is what they hope she will do. If she has the personality for it I would advise against resigning.
Having said all that the company has apparently decided against her.It is hard to "stay and fight "and will undoubtedly leave her with some bitterness.
My advice
. follow steps above especially documenting everything
. actively look for a new job
. attempt through HR not her boss to say she wants tp improve and ask for help but at the same time tell HR if they want to move a different direction she would consider a severance package.
Wandering Spectator
Well-Known Member
Sorry to hear this.
My $0.02. If you’re being dragged out of town, get up and run and make it look like a parade.
Seriously, you can ask what % of people have successfully recovered from a PIP and my guess is they won’t tell you or it will be single digits. PIPs are their way to cover their behinds.
My advice, have her give two to three weeks notice and don’t divulge her plans. If they ask where she’s going, simple say she’d rather not disclose.
They will most likely think she’s going to a competitor and will move to terminate immediately but pay out the notice period.
If she stays and tries to meet the terms of the PIP, it will be a miserable 90 days - for everyone.
My $0.02. If you’re being dragged out of town, get up and run and make it look like a parade.
Seriously, you can ask what % of people have successfully recovered from a PIP and my guess is they won’t tell you or it will be single digits. PIPs are their way to cover their behinds.
My advice, have her give two to three weeks notice and don’t divulge her plans. If they ask where she’s going, simple say she’d rather not disclose.
They will most likely think she’s going to a competitor and will move to terminate immediately but pay out the notice period.
If she stays and tries to meet the terms of the PIP, it will be a miserable 90 days - for everyone.
Got one answer for ya-unemployment
Even if they fire her for performance she will get UC if she says “she did the best she can do”. As long as there wasn’t some kind of egregious event precipitating the firing. The employer can challenge but the will lose.
I feel like you are missing the most obvious solution, find a new job while employed at the current. Why resign without a new job lined up? It's always easier to find a job when you have one. On the plus side, you might be able to get the hell out of New Jersey.
While I agree that more don't recover form a PIP than do... people who say there is no chance to recover from a PIP are full of crap. I've had employees do it, and I've known of others. Maybe these people work in low skill careers, but where I work you don't get rid of someone you have a lot invested in just because they could improve a little. The cost of bringing in someone from the street and training them is an order of magnitude higher than helping an experienced person improve. That being said, the employee has to take the PIP seriously, or they are surely done.
Also, considering her years of service, she is definitely in the protected age class. Being a female is another protected class. They will not fire her lightly, and not without much legal review. Her PIP must have measurable objectives, document how she is meeting them, and constantly review how she is exceeding PIP objectives with her manager. Get her manager to provide routine feedback on her progress, and if he/she refuses, get HR involved.
In the meantime, have her clean out her stuff as much as possible, it makes life a lot easier if she is fired. Have her get any emails or documentation about the situation now, before it's too late. Make sure she doesn't have an proprietary information at home. Make sure she doesn't have any outstanding expense reports.
While I agree that more don't recover form a PIP than do... people who say there is no chance to recover from a PIP are full of crap. I've had employees do it, and I've known of others. Maybe these people work in low skill careers, but where I work you don't get rid of someone you have a lot invested in just because they could improve a little. The cost of bringing in someone from the street and training them is an order of magnitude higher than helping an experienced person improve. That being said, the employee has to take the PIP seriously, or they are surely done.
Also, considering her years of service, she is definitely in the protected age class. Being a female is another protected class. They will not fire her lightly, and not without much legal review. Her PIP must have measurable objectives, document how she is meeting them, and constantly review how she is exceeding PIP objectives with her manager. Get her manager to provide routine feedback on her progress, and if he/she refuses, get HR involved.
In the meantime, have her clean out her stuff as much as possible, it makes life a lot easier if she is fired. Have her get any emails or documentation about the situation now, before it's too late. Make sure she doesn't have an proprietary information at home. Make sure she doesn't have any outstanding expense reports.
That's a good point about collecting saved info now.
I know my company locks down your USB drives and blocks the corporate email account from sending any external emails the minute you give your notice.
I know my company locks down your USB drives and blocks the corporate email account from sending any external emails the minute you give your notice.
Did she ask for the documentation as to her 'poor performance' that put her on the PIP. I would ask in a formal email to HR and the her manager to provide all documentation that led to this PIP program being put in place. Forces management to show their hand, plus gives you everything you require in case of a lawsuit. Many times they fail to be able to produce much. Then you also have the documentation in front of you to be able to find your own documents to counter what they are saying.
And if you are really pissed off and want to game the system as you feel the company is doing her wrong, tell her to figure out a way to go out on medical leave. Saw a women do it in our office. She knew she was being phased out due to a multitude of poor performance and attitude issues she had. She had nobody left that wanted her around. So she went out on medical leave and was paid for about 18 months before finally the whole thing was unwound.
If the division she is in is poorly performing, then chances are she is simply being caught up in the swill. And chances are other companies in her field are aware of this and are probably circling like sharks looking for good employees. So perhaps she should start reaching out to them, or through some professional contacts.
I think her separation is inevitable. And it does not appear to be her fault. However, a company will spin it to make it seem like it is. Keep in mind that she is one person who has to battle a group of people who have made this decision. The odds are stacked against her.
Not sure if she is in a client facing position, or what, but I would advise your wife to start copying contact lists, any items she may need for the continuation of her career elsewhere.
I think her separation is inevitable. And it does not appear to be her fault. However, a company will spin it to make it seem like it is. Keep in mind that she is one person who has to battle a group of people who have made this decision. The odds are stacked against her.
Not sure if she is in a client facing position, or what, but I would advise your wife to start copying contact lists, any items she may need for the continuation of her career elsewhere.
Let's summarize this very good advice.
1) Invest the money to get a consultation with an employment attorney, and maybe have the attorney write a letter to the company. Could be the best thousand bucks you ever spent. She's almost certainly not going to keep her job, so it's a matter of getting a fair exit package.
2) If she's been there 27 years and had positive reviews and now they suddenly PIP her, that's an indication this isn't really a performance issue, it's a layoff. If they're PIPing others in her department that is a further indication the company just wants a new team in there. An age discrimination question definitely applies.
3) I suspect New Jersey employment law is pretty good for employees, as unions have been politically powerful in NJ for a long time.
4) It all adds up to -- she should get a decent severance AND unemployment. She should not have to give up UI in order to get severance.
5) There is absolutely NO reason for her to resign. She does not benefit in any way. Allowing the process to proceed and getting laid off will not make it any harder for her to land another job, because she's not being fired for misconduct, she's being fired because they want to bring in some new (younger) staff.
6) She SHOULD get the best severance and unemployment that she can negotiate, because finding a new job might take a while. Even with the strong job market, it is hard for people in their 50s and 60s to get hired because everybody wants to hire people in their 20s and 30s.
1) Invest the money to get a consultation with an employment attorney, and maybe have the attorney write a letter to the company. Could be the best thousand bucks you ever spent. She's almost certainly not going to keep her job, so it's a matter of getting a fair exit package.
2) If she's been there 27 years and had positive reviews and now they suddenly PIP her, that's an indication this isn't really a performance issue, it's a layoff. If they're PIPing others in her department that is a further indication the company just wants a new team in there. An age discrimination question definitely applies.
3) I suspect New Jersey employment law is pretty good for employees, as unions have been politically powerful in NJ for a long time.
4) It all adds up to -- she should get a decent severance AND unemployment. She should not have to give up UI in order to get severance.
5) There is absolutely NO reason for her to resign. She does not benefit in any way. Allowing the process to proceed and getting laid off will not make it any harder for her to land another job, because she's not being fired for misconduct, she's being fired because they want to bring in some new (younger) staff.
6) She SHOULD get the best severance and unemployment that she can negotiate, because finding a new job might take a while. Even with the strong job market, it is hard for people in their 50s and 60s to get hired because everybody wants to hire people in their 20s and 30s.
Good summary. Get all the info she can on the PIP and take it home. As mentioned, the whole PIP thing does not sound right and a good employment lawyer will tear into that.
Your wife is in two protected classes so she has substantial rights. (over 45 years old and female) I suggest following these steps.
1. get a lawyer and closely follow his/her advice. A female lawyer may be best.
2. Do the weekly meetings and take notes. It's your PIP is a stupid remark and will increase your leverage that its the manager's fault.
3. request your entire HR record and specifically all of your past reviews. There will be a pattern from past managers to this manager.
4. 27 years of data is tough to overcome by the employer. Once you receive the reviews get very specific as to how the performance CHANGED from their view point so that you can change your behavior. They have to prove that you have a problem and that your behavior changed. Not so easy to do.
5. Review with your attorney what feedback you give your employer but I would suggest sending HR meeting notes with a neutral tone, just the facts. They will get the message that you are not going away quietly.
6. At some point you ma want to start copying your attorney with the notes to HR. Let them know that you are serious.
7. This job is coming to an end. Understand that and put yourself in the best position to get a major settlement.
8. Start looking for a new job NOW! Don't take the job until you get severed and make them pay you big time. How bad of an employee could you be after 27 years of the company keeping you because you were productive?
9. There s a reason they are doing this. It may be to replace her with someone younger and cheaper. Find out the reason if you can.
10. Don't be emotional. Its a process. Your old job is behind you. You new job is to get whatever you can out of being unfairly treated. The job after that is to get a new job.
Best of luck to you!
1. get a lawyer and closely follow his/her advice. A female lawyer may be best.
2. Do the weekly meetings and take notes. It's your PIP is a stupid remark and will increase your leverage that its the manager's fault.
3. request your entire HR record and specifically all of your past reviews. There will be a pattern from past managers to this manager.
4. 27 years of data is tough to overcome by the employer. Once you receive the reviews get very specific as to how the performance CHANGED from their view point so that you can change your behavior. They have to prove that you have a problem and that your behavior changed. Not so easy to do.
5. Review with your attorney what feedback you give your employer but I would suggest sending HR meeting notes with a neutral tone, just the facts. They will get the message that you are not going away quietly.
6. At some point you ma want to start copying your attorney with the notes to HR. Let them know that you are serious.
7. This job is coming to an end. Understand that and put yourself in the best position to get a major settlement.
8. Start looking for a new job NOW! Don't take the job until you get severed and make them pay you big time. How bad of an employee could you be after 27 years of the company keeping you because you were productive?
9. There s a reason they are doing this. It may be to replace her with someone younger and cheaper. Find out the reason if you can.
10. Don't be emotional. Its a process. Your old job is behind you. You new job is to get whatever you can out of being unfairly treated. The job after that is to get a new job.
Best of luck to you!
Just to add to this....when we were younger, it was not considered acceptable to change jobs frequently - the fact that your wife has been there for 27 years is quite an achievement. But nowadays, the general market place recognizes that people will change jobs - so your wife (and you) should not feel ashamed or upset - as NICEM pointed out above, it's a process and the job is to get a new job.
My 2 cents.
Do not resign. After 27 years and several promotions your wife is clearly a valuable and skilled employee. Being “fired” in this case would not be seen in a poor light by reasonable prospective employers. Managers are more susceptible to things of this nature than the rank and file when a company or dept isn’t meeting expectations. All too often senior “leadership” has no clue what to do, but needs to show they are doing something, and let people go. It is all too common unfortunately.
I worked for a Fortune 500 that had a very specific severance policy. 2-5 years was an automatic 2 months salary. 5-8 was 3, 8-15 was 4 and 15 plus was 6 months. If your wife works for a large company it is likely they have similar guidelines... and this was a minimum. Everyone I’ve ever known who was fired recieved their severance and then unemployment should it be needed after the severance. I am in sales so these firings were for “performance” but firings were not always equitable so perhaps this is why everyone recieved a quality package. Example would be a solid employee with a quality track record being fired for meeting only say 65% of quota. This quota attainment was not at goal, but was still within the median range for performance amongst peers. This person was fired despite being a hard worker and quality worker, even though those with worse performance were retsinef. The moral is if someone wants you gone you are gone. The company will justify it via whatever means necessary, and will typically provide a very nice severance to avoid a lawsuit. That’s my experience anyway.
If I were in this situation I would look for a new job, and retain an attorney. Work toward a quality severance and an amicable split with the current company. It may even be possible to leave on good terms and be able to re-apply to other positions. A situation along the lives of... “Sally has been a long time valuable employee, however role x was not the best fit within the organization for Sally. Sally is being seperated from the company at this time, but will be free to pursue other roles in the organization they become available”,
The real shame is that one crappy boss can jeopardize a multi decade carrer at a place, but no loyalty these days. Good luck!
Do not resign. After 27 years and several promotions your wife is clearly a valuable and skilled employee. Being “fired” in this case would not be seen in a poor light by reasonable prospective employers. Managers are more susceptible to things of this nature than the rank and file when a company or dept isn’t meeting expectations. All too often senior “leadership” has no clue what to do, but needs to show they are doing something, and let people go. It is all too common unfortunately.
I worked for a Fortune 500 that had a very specific severance policy. 2-5 years was an automatic 2 months salary. 5-8 was 3, 8-15 was 4 and 15 plus was 6 months. If your wife works for a large company it is likely they have similar guidelines... and this was a minimum. Everyone I’ve ever known who was fired recieved their severance and then unemployment should it be needed after the severance. I am in sales so these firings were for “performance” but firings were not always equitable so perhaps this is why everyone recieved a quality package. Example would be a solid employee with a quality track record being fired for meeting only say 65% of quota. This quota attainment was not at goal, but was still within the median range for performance amongst peers. This person was fired despite being a hard worker and quality worker, even though those with worse performance were retsinef. The moral is if someone wants you gone you are gone. The company will justify it via whatever means necessary, and will typically provide a very nice severance to avoid a lawsuit. That’s my experience anyway.
If I were in this situation I would look for a new job, and retain an attorney. Work toward a quality severance and an amicable split with the current company. It may even be possible to leave on good terms and be able to re-apply to other positions. A situation along the lives of... “Sally has been a long time valuable employee, however role x was not the best fit within the organization for Sally. Sally is being seperated from the company at this time, but will be free to pursue other roles in the organization they become available”,
The real shame is that one crappy boss can jeopardize a multi decade carrer at a place, but no loyalty these days. Good luck!
I work in tech, and prefer small companies, as a result change jobs every 3 to 5 years. In fact, my little company is being bought in the next couple of weeks. My third anniversary was June 1st. Bottom line is, at least in my industry, if you stay in one job more than six years, you are considered a sloth....you are not aggressive enough and upwardly mobile. Most of these tech companies start up with investment capital and they want to churn and burn. They invest, they make their gains, and they sell. It is aggressive, high pressure and you either strike out or hit home runs.
Point is, at least in my environment, don't ever be afraid to change jobs. The priorities are 1) faith (if so inclined) 2) family 3) self 4) shareholders, 5) customers, 6) co-workers.
Fixed it for you. You are welcome.
Really? This happens all the time. When your manager stops liking you it is very easy for them to 'justify' the PIP to anyone and all it takes is for HR to 'sign-off' on it (your word vs the manager and they take the manager over you 10 days to Sunday).
When your manager doesn't like you the best option is to leave. I've never seen a situation where a disgruntled manager ever works in the employee's favor (even with 10 years of superior performance appraisals).
I agree - went through this last year. During my annual review, they (I had two managers) asked me what would I like to offer as improvement? I thought about it for a split second and said "I think XXXX is the worst manager I have had in my entire 30 year career. My success as an employee is based in part on the performance and abilities of my management team. I will never achieve the level of success that I can as a professional with XXXX as my manager".
Needless to say, you can imagine whom they cut when the company started experiencing difficult times. It worked out for me though, as I got a new job within 3 weeks, several clients came with me (severing long term relationships with my former employer) I cut my 5.6 mile commute to 2.8 miles, and most importantly - I feel I can be a success in my employer who has supported some initiatives that I wanted to start, and also - my blood pressure has dropped 20 points.
So, to the OP - it is certainly difficult now, but this may be a blessing in disguise for your wife.
I completely agree. You said there are 2 options, be fired or quit, when the most obvious choice is the 3rd option of finding a new job. I'm shocked only 2 or 3 folks have suggested it. Resigning is clearly the least attractive option. I think I could put up with just about anything for 3 months if necessary. During those 3 months she should try her best to deal with the PIP with the hopes of retaining her job, but she should also be looking for a new job and get the hell out as soon as she finds one.
I'm just flabbergasted at how many people would just leave themselves at the mercy of the company rather than being proactive and looking for a new job.
IMO, I think many here assume that the OP's wife is already looking for a new job. It's kind of "Life 101" today in the sense of you always need to be aware of your job market.
The only way an employer can refuse to pay unemployment is if the employee was terminated due to Gross Insubordination. For example, a physical altercation that resulted in an arrest, theft (exceeding $1000) or blackmail/extortion. The latter is much more common than people think.
Most private sector companies will do this when an employee is a short timer. Meaning, they have under 4 years to qualify for health benefits, pension or full sick/vacation payouts.
This is why I'm a firm believer and supporter of Unions. With a union your wife would have filed a harassment class A grievance laced with the possibility sex discrimination.
Most private sector companies will do this when an employee is a short timer. Meaning, they have under 4 years to qualify for health benefits, pension or full sick/vacation payouts.
This is why I'm a firm believer and supporter of Unions. With a union your wife would have filed a harassment class A grievance laced with the possibility sex discrimination.
But there is probably a printer in the office and email can be printed. I would think a printed copy is as good as an electronic.
I keep a cya file wherever I’ve worked - even if I love it. Print out any email at all that I feel might protect me in the future.
When moving I looked back at a cya file I kept while working for a large DC law firm. Man, did it bring back bad memories. There’s a stapled string of 56 emails on one Sunday in January. My first son’s 1st birthday and I was in the office from at least 10-4 with most of the time spent defending myself on email against a partner who forgot a client request and was trying to blame it on me. I had that bitch pinned like a butterfly under glass. Suffered through it for another 9 months until I got my 5th year in practice and could move to Austin and waive into the Texas Bar instead of having to take the test again. With 3 months to go they must have thought they were freezing me out, but I knew I was gone. Didn’t care about keeping my billing up to stay on the partnership track. Enjoyed long lunches reveling in the Redskins woes that fall. When I gave my notice - gave them a month - all the Associates on my floor were jealous as I left at 5:30 or languidly moved through the halls with a stress-free swagger.
I am actually a Central Catholic grad (1966). My kids graduated from Parkland, the twins in 1998 and the younger son in 2003.
I recommend either retire or look for a new job. It is not worth the stress, unless your are stress-holic, to get involved in litigation or work in daily contentious environment. Your Health is the most precious asset.
Happened here. I got set up by a snake-in-suit manager to take the fall for something that he screwed up. I collected a huge CYA file, downloaded everything that I thought I might need someday, and immediately started looking for a new job like it was my job to look for one. Landed the new job two weeks before my severance would have run. I now have way better compensation, title and responsibilities, and a much better commute and office environment. I also am better at identifying and neutralizing office snakes (never did need to activate the CYA file). Best thing that has happened to me in my career.
Funny aside: this snake manager got fired shortly after I did and is now in a new position. He keeps trying to Linkin with me, which I ignore. WTF, dude?
Amen. Never trust HR people, ever. It is the soccer mom gossip central
So true. I have a co worker who thought he was being overworked and foolishly went to HR behind his bosses back without discussing it with him first.
Needless to say that didn't work out well for him. HR essentially did nothing but alert and ruin his relationship with his boss. He's now stuck in our department with a boss that doesn't like him and the same workload.
Only second time I can recall seeing that word used. The only other time was in Steely Dan's "Deacon Blues".....
I crawl like a viper
Through these suburban streets
Make love to these women
Languid and bittersweet I'll rise when the sun goes down
Cover every game in town
A world of my own
I'll make it my home sweet home
Nice. Very nice.
Why run away without another position after 27 years?
If this is a reputable company she may get 6+ months of severance.
And if this is a 2 wage earner family she could take her time finding another position that suits her requirements going forward, which may not be what her and her husband needed in those 27 years. Possibly even part time work. Lower blood pressure and other perks.
Why not begin a job search and continue the PIP process, with some of the suggestions above for trying to make the best of it. At the same time develop a new set of job priorities based on life forward. If a new position is found that meets the requirements, she can always give notice and take it. But she also may find that she is entitled to a 6 month vacation to recover from the stress of this ordeal......
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Wandering Spectator
Well-Known Member
I agree Greg. If they offer a package, but all means take it! But I've never heard of a generous package if you were put on a PIP.
I don't recommend that she put notice in today. Instead, I'd look at the 90-days as my severance and start working full time looking for another job outside the company while doing the minimum on the PIP.
While most people in HR or senior management will suggest that PIPs are meant to improve performance, few will admit that they are there to protect the company from lawsuit, and the number of people retained after a PIP, in my experience, is EXTREMELY low. After 30+ years in the corporate world and management, I have yet to personally see anyone recover from a PIP. Most justifiably so, but there were others that just had bad timing and a poor relationship with their manager (notice I didn't say leader).
Bottom line - If the manager was truly interested in saving his wife, the manager would have coached her before it got to a PIP.
I know people who were put on PIPs only to work their tails off to meet the goals and they ignored looking for work outside. Because PIPs are carefully written to protect the company, they can always be interpreted to be missed. Then, at the end of 90 days of stress and pressure in trying to keep the job, the employee provided enough time for the company to find a replacement and ensure a smooth transition and doesn't have another job outside the company.
Again, I wish her the best in any path she chooses, but my suggestion would be to starting looking outside immediately. Then, give notice without telling them where she's going. If they know she's not going to a competitor, they will milk those final weeks to make sure they get the most out of her. If they think she's going to a competitor, they will likely terminate ASAP and, good companies will pay out the notice period.
I don't recommend that she put notice in today. Instead, I'd look at the 90-days as my severance and start working full time looking for another job outside the company while doing the minimum on the PIP.
While most people in HR or senior management will suggest that PIPs are meant to improve performance, few will admit that they are there to protect the company from lawsuit, and the number of people retained after a PIP, in my experience, is EXTREMELY low. After 30+ years in the corporate world and management, I have yet to personally see anyone recover from a PIP. Most justifiably so, but there were others that just had bad timing and a poor relationship with their manager (notice I didn't say leader).
Bottom line - If the manager was truly interested in saving his wife, the manager would have coached her before it got to a PIP.
I know people who were put on PIPs only to work their tails off to meet the goals and they ignored looking for work outside. Because PIPs are carefully written to protect the company, they can always be interpreted to be missed. Then, at the end of 90 days of stress and pressure in trying to keep the job, the employee provided enough time for the company to find a replacement and ensure a smooth transition and doesn't have another job outside the company.
Again, I wish her the best in any path she chooses, but my suggestion would be to starting looking outside immediately. Then, give notice without telling them where she's going. If they know she's not going to a competitor, they will milk those final weeks to make sure they get the most out of her. If they think she's going to a competitor, they will likely terminate ASAP and, good companies will pay out the notice period.
Some states have a "quitting for cause" statute that lets you collect unemployment if you are in a situation that is clearly not going to improve. It can require the company agreeing to not fight unemployment when the request comes in from the state. It could be something she negotiates as part of an exit if she chooses that route. I was in the middle of negotiating it with my last employer but found a new position so didn't have to see it through.
http://www.einhornharris.com/firm-n...-what-you-need-to-know-to-collect-benefits-2/
"In New Jersey, if you leave your job “without good cause attributable to the work” (you quit), you are disqualified from unemployment benefits. However, if you were compelled to leave your job, that separation from employment is considered involuntary."
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It's hard to make it through a PIP and still be employed, so as you said, the writing is on the wall. My humble advice: continue to work and comply with the PIP. Start looking for a new job immediately. When she lands something, quit.
Go to HR.. tell them she fears of a hostile environment.,, ask for a package... but don’t resign.. you resign you get nothing...
If your wife has worked their for 27 years, she must have some former bosses or managers that she is friendly with and has good work relation. Cannot she talk to one of them to seek some advice. Maybe that person could make a call or talk to someone to figure out what is really going on. I know in a similar situation that I did just that and got some really good feedback from my former manager on what was going on with a new manager that i had just got and was having issues with. Did your wife talk to your boss's boss or above him. If you wife's boss is on a PIP and performing poorly, he might be saying negative things about your wife to upper management to try and save his/her own job. She needs a direct line to higher up in the organization.
And as was mentioned, your wife should be looking for emails and other documents to provide back-up to her position as to why the PIP is incorrect. She should also be demanding specific documentation of poor performance and not except general statements. The harder she makes it on HR and the company, the longer she will last (allowing time for a new job) and the greater the severance package they might give her to go away.
From the information given, I would bet the reason the company is ejecting her (and maybe her boss also) is a cost cutting exercise. When a large company needs to bring down the payroll, easier to get rid of a couple of higher priced employees (usually the longer you have been around the higher your salary) then getting rid of multiple new people as the new people pay is substantially lower.
And as was mentioned, your wife should be looking for emails and other documents to provide back-up to her position as to why the PIP is incorrect. She should also be demanding specific documentation of poor performance and not except general statements. The harder she makes it on HR and the company, the longer she will last (allowing time for a new job) and the greater the severance package they might give her to go away.
From the information given, I would bet the reason the company is ejecting her (and maybe her boss also) is a cost cutting exercise. When a large company needs to bring down the payroll, easier to get rid of a couple of higher priced employees (usually the longer you have been around the higher your salary) then getting rid of multiple new people as the new people pay is substantially lower.
Agree...but she is in a protected class due to her age. It is no different than being gay, disabled or an african-american. If they cannot justify letting her go versus somebody younger who is similarly employed, they are open to an age-discrimination lawsuit.
If I were her, I'd take the 90 days to document my performance and see if inequities persist. Then, I'd have an attorney write them a letter the day she is terminated. A good example is to show that the terms of the PIP were unattainable, provide evidence that other PIP's (for other people) were ever attained, and if they were attained, where those people retained.
In the end, embarrassment is more powerful than the lawsuit. The big value of the lawsuit is to gain discovery. Once gained, you can depose executives with affairs, breaking non-disclosure agreements, being asked to defraud a customer.....and so on. If you can show some of that, they will settle the week before the trial.
In my case, my boss hired a guy and gave him the fruits of all of my hard work. A month before I was fired, I found out she and he were having an affair when she replied to his email, with me cc-ed, telling him he couldn't come to her room that night because she had work to do. I then found emails where she had distributed confidential information from a prior employer (who was also a competitor). They went through every email I made for three years and reviewed my expense reports with a fine tooth comb. I also found evidence that they were postponing certain happenings to time them for release to shareholders to maximize their impact. Finally, I had evidence to believe that the guy in charge of the division was gaming things to maximize his bonus. This is not illegal, and not grounds for a lawsuit, but would have been an eye opener to shareholders that may have felt they were "gamed" into believing things that weren't quite correct. This is confidential but when it goes to trial, becomes public knowledge and that is where your power lies.
In the end, three working days before my trial, I got a call from my lawyer saying that there had been a "significant shift" from my former employer. They totally collapsed and made me a large offer to settle. I asked for a little more to shove the knife into the CEO's ribs just a bit more as a warning that he can't take his eyes off his employees or pay the price himself. I respect the CEO, who would still be friend with today, if not for this. But I wanted to send a message that you can't treat people that way and be bullet proof. Soon or later, some a-hole like me will take a stand. While the terms of the agreement were confidential, I bought a new car and posted it on my social media (again, to irk those involved). Now, a couple of years later, I've been contacted by many former emplyees for advice and to thank me for taking a stand.
Watch the series "Goliath" as I believe this pretty true (without all the drinking, sex and mafia type scenarios....just to the point of how you do the case and try to drive a wedge between the company and their insurance company).
If you are confident in your position, take a stand. File a lawsuit. It is unnerving but, in the end, will have results.
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