So less than a month after reporting discrimination, I have been placed on a PIP. The “improvement goals” are super vague and unspecific. One of the goals is to “work outside of normal business hours as necessary.” The thing is, I know the company is trying to cover themselves from a potential lawsuit. Of course I am applying for other jobs like crazy. I’m just so baffled as this has never happened to me.

likesmart
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Does seem like placing people on a PIP really is a companies get out of jail free card in these cases. Wouldn’t surprise me at all if it was just to avoid potential legal troubles. Good luck getting out of there, and definitely would recommend saving all the hard copies of any communication!

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Couple comments/bits of advice. Some of this is "going nuclear" vs. general good practice in sensitive business communications. You know you & your situation, so do what feels right.

1. If they haven't already, ask *in writing* (and cc: your personal email) that they provide details of the issues prompting the PIP and specific examples (dates, emails from your manager/colleagues, etc.) if it was behavioral/action related.

2. Look to your offer letter, job description, any documentation about your role and responsibilities to see of there's "reasonable basis" for the PIP. For example, defined work hours, required overtime, quotas, deliverables, projects, etc. Nearly every job will have "other duties as assigned" so make sure that they have in fact communicated any new assignments/actions/whatever it may be that they say you're not doing.

3. Related to the "vague goals" mentioned, respectfully go back to them with the old "S.M.A.R.T." guidelines and ask that they document the goals in the PIP accordingly (Specific, Measurable, Achievable, Relevant, Time-bound) *and press them on it if they don't.* In writing, cc: your personal email, but be respectful. "I don't believe the goals you've communicated are specific enough to ensure that I know what aspects of my role and responsiblities I need to focus on improving..." Play their game.

4. Sorta nuclear, but shows you're aware of your rights and the law - at some point, communicate to them (in writing/personal cc:) that it "seems as if" the PIP may be a direct result of the discrimination complaint based on timing & your work experience prior (performance reviews, any other documentation or lack thereof of these issues being brought up in the past) and add something along the lines of "but I can't imagine that's the case since it would clearly constitute illegal retaliation." Cite any relevant harrassment or other conduct training. Shot across the bow.

5. General advice - immediately or ASAP after any meeting where *verbal* feedback is provided, direction given, requests made, etc. send a follow up email to everyone present (and if things are in any nasty/sketchy situation, cc: that personal email!) summarizing the conversation and points communicated, noting that you just want to confirm tour understanding of the decisions or requests made, expectations, etc. I have found this invaluable with some folks who are used to conveniently "forgetting" decisions or directives. Easy CYA.

Again, always be respectful, but if done right you protect yourself and possibly have documentation for a lawsuit. Sometimes even a vague/veiled threat is enough to get something out of the situation. Best case, it could help negotiating severence or other "benefits" if/when you leave.

likesmart

agree, but BCC your personal email vs. CC so they are less inclined to be super careful and corporate in any response.

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“Work outside of normal business hours as necessary" is an insane "goal". Like you said, it sounds a lot like the company is trying to cover itself from potential legal action. All of this sounds very shady and borderline illegal. It might be worth consulting with an employment attorney to see if you have a legitimate case against them.

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If you have your documentation and paper trail in lock. I would pursue legal action

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Find an employment lawyer and do a consult immediately! This happened to me and the attorney’s office said, “You should have called right your corrective action.” I reported workplace bullying and was written up the next week. Your company will try to push you out, but a lawyer can help you cover your bases to receive compensation if your employer tries something. I’d call a few offices asap. Good luck!

likehelpful

There are plenty of lawyers who will handle cases for cheap, btw. My original consultation was $50 for one lawyer and free for another. Many times your intake consult is free to see if you have a case. They typically ask you to complete a form and submit documents like your PIP and any email threads your kept. I read many comments below, and folks are right, there is no way to clean this up. I thought I was making good strides and they were waiting out their time to push me out. In hindsight, I wish I would have found a new job immediately.

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Document everything and report to the Department of Labor and/or Equal Opportunity Agency. If they do anything after you file then you can sue for “retaliation”.

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Document EVERYTHING and file a complaint with the EEOC

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Be sure to communicate via email and BCC your personal email. File the charge with EEOC before you leave!

where do you work?

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Terrible. I hope you have strong paper trail. The firm has lawyers to ensure no harm happens to them. Cover your self.

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Are you at Bloomberg? We are seeing at Bloomberg many employees being put on PIPs (many more than I have seen historically) and believe it is because we hired many people during COVID and now need to cut costs, but Bloomberg doesn't do large scale cuts.

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What departments are pips happening in

I complained about a senior level employee blocking a group that I managed from receiving promotions (not just myself, a whole group). Promotions were always reserved for a particular gender/race. Needless to say, regardless of stellar yearly performances, with absolutely no negative feedback from my direct manager to who I was extremely close, I was laid off. While my direct position wasn’t replaced, they hired at the level that I was next in line for. I looked into suing, but at the end of the day, it wasn’t worth the risk of me losing my severance and benefits coverage (I was a long term employee, and my payout was nice). I do hope this senior employee does eventually reap what they sow (not the first time this have done this, although it’s usually in the form of a PIP. About the 6th time that they have done it.) I did learn that HR is not my friend, and while I will always fight for what and who I believe in, I will never go to HR directly again.

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Sounds like reprisal, document everything from the time you reported discrimination to the what led them to put you on a PIP and anything they write to you, also be ready to record verbal conversations if your state allows

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This happened to me at the end of 2019. In December I reported the bullying as hostile work environment which was a mistake on my part because while I fall into a protected class, that's not what the bullying was aimed at. By February 2020 I was on a PIP where they'd skipped steps in the "improvement cycle" that the program was designed to focus on to correct.

Under these circumstances, it's very difficult to sue a company, especially when they know how to cover their tracks. Document EVERYTHING.

Ultimately, you'll probably get pushed out or laid off, so keep polishing your resume and find a different job. Trust me when I say there are places you can work that will treat you better and appreciate your value. In my case, once COVID-19 infections started hitting all-time highs at the beginning of 2020, everyone was quarantined at home and that gave me ample time to work on my resume, apply to other jobs, and interview at odd times. After a few months of being remote, things seemed to calm down but by December 2020 I was let go in a round of layoffs to make it look like a decision that was made to downsize and cut costs. It didn't take me long to find another job but looking back, I could've left that situation a lot sooner and been much happier rather than have allowed myself to be put through what I was while employed at this company. I know now never to let myself get stuck in a situation like that again. Just not worth it life's too short.

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WHY IS THIS THE ADVICE TO LISTEN TO: I owned a firm with over 100 employees and have hired over 400 people in my career, fired at least 60 or so. I have been accused of discrimination 1 time, favoritsim 4 times, bullying 2 times and wrongful termination about 10 times. Legal action that followed through only happened one time. Its rare, because it is difficult to have a winning case with a boss like myself who knows what I am doing.

NOW...What you should do regarding the ambiguous PIP goals. IN WRITING, on the company server. Reply to the email that has the PIP outlined (if not in an email, snip an screenshot and attach it to a new email) and state/ask clearly to all relevant parties:

"
I still have not been given clarity as to what is meant by "work outside of normal business hours as neccesary" outlined in my PIP. Neccesary for what exactly? Is there a target I am not currently achieving that is obligatory for individuals in my current role? Is there a target amount of hours that you are requiring I work outside of normal business hours in order to be considered achieving this improvement goal outline of the performance improvement plan? Please be more specific with a measurable and quantifiable target so that I may ensure my output meets the expecations of my role. Please advise.
"

They may try to answer you via phone call or in person. If they do, take notes. Let them know you are taking notes, make it obvious. Ask them to slow down to make sure you don't miss anything. Record the audio of the conversation with your phone in your jacket pocket or something hidden. Use the word "record" as if you mean take notes.

In person: While grabbing a notepad and looking for a pen... "Hold on, I'm just gunna make sure I jot all this down and record everything we discuss especially don't want to get numbers and targets wrong. Would you mind?" When you ask, would you mind, do so while you show your pen in the air. Try to get a clear "its fine" or "no, i dont mind" if possible. Not just a grunt or nod or open hand motion to do as you please.

If on the phone: When they start talking about your PIP for clarity, "hold on ooone sec...im literally at the office and cant find something to write on...OH, there we go, found a pen and paper. Just wanna make sure I record everything and dont miss any numbers or targets that we talk about today. Aaand of course the pen doesn't have ink, Do you mind? I just need a second. OK! got a pen that works, sorry about all that...so as I mentioned, I have an idea of what was meant, but I wanted to be 100% sure of what was expected of me in my current role. Would you mind elaborating on your notes from the PIP?"

Most of you see what I did there. Now you are prepared to either get the job done to the best of you ability or sue the mess out of your employer with allowable recorded evidence of their blatant tactics to cover their butt. Print it. save it. forward it to personal email.

*Drop Mic*

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Talk to an employment lawyer and bring documentation

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Leave as you now have a bulls eye on your back. You will never get promoted.

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I’m a white male and used to work at a big Bank. I had 3 open positions to hire and my “minority” executive approving the budget said “you can have the hires, so long as they don’t look anything like you”. He was dead serious. The open racism / sexism against white men is atrocious athe the Banks. Anyway, i have my own business now (with 2 south asian partners) and I’ve never heen happier or richer. Moral of the story - leave your crappy big company and find a way to work for yourself.

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What was the discrimination?

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If in fact this happened after you reported descrimation, and you have all documentation to prove your allegation consult a lawyer, then contact a news outlet and publish your story!

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Document EVERYTHING, a log of events can be used if you take legal action, which you absolutely should!

likesmart

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