Friday, November 12, 2010

Performance Improvement Plans - What Do They Mean in Pennsylvania?


I Received a Performance Improvement Plan - Does That Mean I am Going to Get Fired?

Performance Improvement Plans are scary things.  They are designed to create fear and uncertainty.
Often, they mean that an employee has fallen into disfavor.  They are frequently the first step towards 
"creating a record" to terminate an employee for alleged poor performance.
If You Try Your Best, but are Fired for poor Performance, 
You Can Still Get Unemployment Compensation

The first thing you should never do is quit your job when confronted with a PIP.  In many cases, that is what the company wants you to do.  Why?  Because you cannot get unemployment if you quit your job under such circumstances.  However, if you carry on, and are fired for alleged "poor performance,"  you can almost always get unemployment benefits.


If you are confronted with a PIP, the best thing to do is to consider talking with an attorney so that you can learn employment laws and determine whether the PIP is being offered for a discriminatory reason, or in retaliation for a protected complaint or claim you made in the past.  Some typical complaints that give rise to retaliation are claims for workers compensation benefits, overtime, requests for Family Leave, requests for an accommodation for a disability, complaints of sexual harassment, or claims that you are being treated differently than others because of your age, sex, race, religion, disability, etc.  If you believe the PIP is being offered for such a discriminatory or retaliatory reason, you should strongly consider seeking counsel at once.

If you believe the PIP is unfair or unreasonable (but not discriminatory or retaliatory), you probably need to start by accepting that fact, start looking for another job and doing your best to hang in there and document your efforts to comply with the PIP.

HERE ARE SOME OTHER ARTICLES YOU MAY FIND WORTHWHILE:

What is an ILLEGAL Hostile Work Environment? Workplace Bullying Alone is Not Illegal in Pennsylvania

#MeToo - The Rules and Deadlines for Sexual Harassment Claims in Pennsylvania - A List of Most Famous Sexual Predators

Why is it Important to File an EEOC Charge? How to File Discrimination Claims in Pennsylvania? Time Limits to File Discrimination, Hostile Work Environment and Retaliation Charges in Pennsylvania

Employee Complaints and Retaliation - What is Legal and What is Illegal

What Are the Differences Between the Anti-Discrimination in Employment Laws Title VII and the Pennsylvania Human Relations Act?

How Do Federal, State and Local Anti-Discrimination Laws Work Together to Protect Pennsylvania Workers?

Does My Pennsylvania City, County, Township or Borough Have Any Discrimination Laws Protecting Employees?

FILING A CHARGE OF DISCRIMINATION IN PENNSYLVANIA - A FEW TIPS FROM CONTINGENT FEE LAWYERS

The Philadelphia Fair Practices Ordinance Makes it Illegal to Engage in Workplace Discrimination Because of Sexual Identity, Sexual Preference, Status as Domestic Abuse Victim, Marital or Familial Status, Ethnicity or Ancestry

Employed "At Will":  What Does That Mean? Pennsylvania Contingent Fee Lawyers Explain the Most Important Employment Law Principle

United States Employment and Discrimination Laws - An Overview by Pennsylvania Employment Lawyer

Do I Have a Case for Constructive Discharge? Nearly 50% of People Who Are Unemployed Quit Their Job - Pennsylvania Contingent Fee Employment Lawyers

Are Settlements in Discrimination Cases Subject to Taxes? Pennsylvania Contingent Fee Discrimination Lawyers

Is Your Boss a Bad Person - or Just a Bad Boss? Is Bullying at Work Illegal? Pennsylvania Contingent Fee Employment Lawyers Explain

UPDATE on Recent and Pending Discrimination Matters Pertaining to LGBT-Rights from SCOTUS and EEOC

Pennsylvania Human Relations Commission (PHRC) Mediation Program Designed to Resolve and Settle Employee Discrimination Complaints

Macy v. Holder - EEOC Finds LGBT Discrimination Violates Title VII -  Landmark EEOC Decision on Discrimination Based Upon Gender Identity, Change of Sex, and/or Transgender Status

Ranking the Most Common EEOC Discrimination Claims in 2011

The 38 United States That Ban Same Sex Marriage - Gay Marriage Illegal In These States - 9 States Allow Gay Marriage

Horrible Bosses: Telling Employee to Forget About Her Daughter "Because She's Dead" Not Evidence of a Hostile Work Environment

What Are My Employer's Obligations When I Request FMLA Leave?  Pennsylvania FMLA Attorneys

What is a "Serious Health Condition" Under the Family and Medical Leave Act (FMLA)?  Is the Flu Covered by FMLA?

FMLA, Short-Term Disability, Workers Compensation and Unemployment Compensation - How Do They All Fit Together?

Am I Eligible for Unemployment Benefits if I am Out on Family Leave?

New Jersey State Temporary Disability Insurance  - Contingent Fee Lawyers

Can I Get Unemployment in Pennsylvania if I am Out on Disability Leave? What are the Differences Between Short-Term Disability and Long-Term Disability?

Are Judgments or Settlements Under Family and Medical Leave Act Subject to W-2 Taxes and Withholding or Should They be Paid Under a 1099?

Short-Term Disability, Family Leave, ADA and Workers' Compensation - How They All Fit Together

Mandatory Sick Leave in Philadelphia - You Cannot be Punished for Taking Time Off Due to Illness or Injury of You or a Family Member

Ten Things that Trouble Human Resources - The Tricky Part of FMLA Leave Made Simple - Common Problems and Issues for HR Professionals

I Want to Quit My Job and Get Unemployment Benefits in Pennsylvania

Pennsylvania Unemployment Determination of Financial Eligibility - PENNSYLVANIA UNEMPLOYMENT LAWYERS

How Do I Complete an Application for Unemployment Compensation Benefits in Pennsylvania - Did I Resign or Was I Fired?  What is a Reduction in Force Versus a Layoff?

 What is a Necessitous and Compelling Reason for Quitting my Job Under Pennsylvania Unemployment Law? Philadelphia Unemployment Lawyers Explain

The Burden of Proof in a Pennsylvania Unemployment Appeal Referee Hearing

Can I Get Unemployment in Pennsylvania if I am Out on Disability Leave? What are the Differences Between Short-Term Disability and Long-Term Disability?

 Should I Resign or Let Them Fire Me? What Happens If I Quit My Job?  What Rights Do I Lose If I Resign or Quit From My Job? 

 

YOU CAN GET PARTIAL UNEMPLOYMENT COMPENSATION IN PENNSYLVANIA IF YOUR EMPLOYER REDUCES YOUR HOURS OR MAKES YOU A PART-TIME EMPLOYEE

 

What is My Base Year Under Pennsylvania's Unemployment Law?

HOW DO I COMPLETE AN APPLICATION FOR PENNSYLVANIA UNEMPLOYMENT BENEFITS - SOME KEY TIPS

SEVERANCE PAY, SETTLEMENTS AND PENNSYLVANIA'S NEW UNEMPLOYMENT LAW

Forced to Resign:  What Are My Rights if I am Forced to Quit From My Job in Pennsylvania?

610-647-5027

Philadelphia Are Employment Attorneys Representing Employees

We are employment lawyers who represents employees in Pennsylvania. 

We typically represent employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Employment Attorneys Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live in Ardmore, Telford, Ambler, Cheltenham, Ft. Washington, Lansdale, Blue Bell, Germantown, Chalfont, Plymouth Meeting, Honeybrook, Pottstown, Boyertown, Drexel Hill, Trainer, Willow Grove, Horsham, North Wales, Conshohocken, Glenside, Montgomeryville, Hatboro, Harleysville, North Wales, Souderton, Jenkintown, Gilbertsville, Downingtown, Lionville, Collegeville, Phoenixville, Northeast Philadelphia, Oaks, Royersford, Springfield, Lower Providence, Malvern, Yeadon, Wayne, King of Prussia, Downingtown, Upper Gwynedd, Wyncote, Glenside, Narberth, Doylestown, Trappe, Radnor, Berwyn, Bryn Mawr, Wayne, Newtown Square, Exton, Center City Philadelphia, West Chester, Skippack, Langhorne, Haverford, Newtown Square, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.

Thanks for checking in with us.