Should I just let them terminate or try to fight it?
My employer currently has me on a final for a PIP. The problem is that they're are purposely setting me up for failure. I believe they're doing this because of my protected characteristic.
-They have me work two different departments and expects me to perform on the same level as the other employees in my department who doesn't have to work 2 different departments.
-There is another employee (we work the same two departments) who has to work two different departments like me. But this particular employee when he falls below the same standard he's given a warning and doesn't have such as a harsh discipline like me. I recorded our conversation when he told me this. He's on a verbal while I am on a final.
-The PIPs are only for 30 days and then they are suppose to fall off but mines just keep stacking regardless of how much time has pass in-between them.
-My supervisor would instructed me to not do something and I would follow his instructions. The next day he wrote me up for misconduct. How does a supervisor write a person up for following what they told them not to do?
Should I say something to my employer and file a complaint with the state agency or should I just let them terminate me? At this point I am at a disadvantage being at a final.
Answers (1)
Discrimination is not always a reason for treating employees differently. Sometimes it's tenure or experience or slightly different responsibilities. Sometimes the employer is just trying to get an employee's attention to see if they really want the job.
If you quit you probably recover no unemployment. If you try hard and still get fired you should recover unemployment at least in New York. If you are insubordinate you probably will not.
Your writing sounds like you no longer want the job. If that's true why not find a new one while you still have this one? It's easier to move to another job than to get a job after quitting or being fired for doing something you could have avoided. Being fired for trying hard is better than the other options.
You really should lawyer up if you believe discrimination is at play. They dont have to like you but they can't discriminate against you. And when you complain to human resources if it is discrimination then use that word and tell them why but only if you can corroborate that. Sometimes managers use discriminatory language.
If it's not discrimination and they have reasons to fire you they probably will. If it looks like discrimination they might not. You are in the best position to make that assessment.
Discrimination is certainly out there. But it's amazing how some employees raise that issue only after performance becomes an issue. It looks bad when employees wait to allege discrimination.
Probably time to find new work while you still have this job. Good luck!
posted by V Jonas Urba | Jan 28, 2020 3:46 PM [EST]
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