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At Will and Performance Plans California

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  • At Will and Performance Plans California

    Just last week my manager called me into his office and indicated that I was not meeting performance standards and that I could either take my leave in 30-45 days and use the company time to seek other employment or go on a very rigid performance plan.

    For background purposes this is a manager I have worked with for almost 5 years. At our previous company I received excellent reviews and excelled. At the last employee review we had with this company I received marks equivalent to operating at standard performance levels with a couple of above standard- no poor marks. We had a conversation at the end June in which he pointed out that I needed to find a "rock star" like project to work on to get proper attention along with a couple of other task to work on. We did not establish any checks and balances with this process. From this meeting I did accomplish all the task with the exception of the nebulous "rock star" event. Fast forward now to current time line.

    In addition to the performance plan I was told that I need to be putting in 60+ hours a week regularly and that if I chose to go with the performance plan option then that commitment would need to be for a minimum two years.

    My question is this, if I choose to go forward with the performance plan route and I achieve excellent marks and overachieve on the objectives can the company still terminate based on the "at will" employment state? Also, going forward if they perceive a performance issue can the company simply terminate since I have been through a plan process?

    In addition to the performance plan process can I as the employee establish a series of checks and balances to ensure that my efforts are being properly reviewed? I ask since for almost three weeks prior to my conversation with my manager he and other management were deliberately leaving me off of emails pertaining to the account I managed. I received these emails via the people I worked with since my name was noticeably absent on the emails strings. And all through that time and last week I have not shrugged on any of my responsibilities which should not cause any further questioning to my abilities.

  • #2
    if I choose to go forward with the performance plan route and I achieve excellent marks and overachieve on the objectives can the company still terminate based on the "at will" employment state?

    Yes. The successful completion of a performance plan does not provide any job protection under the law. Unless the performance plan is written in such a way to specifically say otherwise, essentially a PP says that you WILL be fired if you do not achieve it, but does not guarantee employment if you do.

    However, why would an employer bother with the performance plan if they were planning to fire you anyway?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Makes it easier to get out of paying unemployment and wrongfull term issues. They may not have a replacement yet, either. It's HR best practice to use PP and the like, no matter how badly the manager wants to term, unless the EE did something egregious. It's like you're being needlessly coy by asking that question, CBG. They gave him the "shape up or ship out" speech for crissakes.


      RE the PP, it would only make a difference if the employer made representations to the effect of "You won't be fired if you do x, y, and z" Since you only did x and y, it wouldn't matter anyway.


      Other then that, OP there is not much I can suggest except being assertive and taking care of that email issue. You should have done that with the "rock star" thing if you weren't sure what that meant. The fact that they wanted a twp year commitment, could be a good thing, depending on the details.

      Comment


      • #4
        Any suggestions on Language?

        So when I review the performance plan they put in place, can I effectively put language in the plan with regards to a regular follow up plan to the metrics/task outlined? So that if the employer fails to meet some of their objectives in relation to my achievement/over achievement of all things assigned that creates some level of "protection" for myself?

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        • #5
          YOU can't put anything in the plan that the employer doesn't agree to. And why would they "give up" the at-will concept in your case? If you want an employment contract, negotiate one with your next employer.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            Agreed, don't even waste your time. Even if you were successfull at it, they'd still fire you if they wanted, and you'd have to spend time and money at court.

            You're better off focusing your energies for your current or future job.

            Comment


            • #7
              California overtime lawyer

              Originally posted by CalSWSales View Post
              Just last week my manager called me into his office and indicated that I was not meeting performance standards and that I could either take my leave in 30-45 days and use the company time to seek other employment or go on a very rigid performance plan.

              For background purposes this is a manager I have worked with for almost 5 years. At our previous company I received excellent reviews and excelled. At the last employee review we had with this company I received marks equivalent to operating at standard performance levels with a couple of above standard- no poor marks. We had a conversation at the end June in which he pointed out that I needed to find a "rock star" like project to work on to get proper attention along with a couple of other task to work on. We did not establish any checks and balances with this process. From this meeting I did accomplish all the task with the exception of the nebulous "rock star" event. Fast forward now to current time line.

              In addition to the performance plan I was told that I need to be putting in 60+ hours a week regularly and that if I chose to go with the performance plan option then that commitment would need to be for a minimum two years.

              My question is this, if I choose to go forward with the performance plan route and I achieve excellent marks and overachieve on the objectives can the company still terminate based on the "at will" employment state? Also, going forward if they perceive a performance issue can the company simply terminate since I have been through a plan process?

              In addition to the performance plan process can I as the employee establish a series of checks and balances to ensure that my efforts are being properly reviewed? I ask since for almost three weeks prior to my conversation with my manager he and other management were deliberately leaving me off of emails pertaining to the account I managed. I received these emails via the people I worked with since my name was noticeably absent on the emails strings. And all through that time and last week I have not shrugged on any of my responsibilities which should not cause any further questioning to my abilities.
              Since it appears the employer is protecting their interests, why not protect yours. Are you salaried exempt per the employer? Analyze the tasks you do, maybe you are truly non exempt and entitled to overtime pay, and therefore interest and atty fees on such overtime should you prevail, and therefore meals and breaks..finally,..do you travel for the employer? if so, do they pay your mileage, cell phone etc? do you work from home?
              Walter

              www.Collectovertime.com

              Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

              Comment

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