What are my rights if I was put on a PIP last month with 30 days to improve my performance?
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What are my rights if I was put on a PIP last month with 30 days to improve my performance?
I worked over the course of 30 days to meet expectations but was still let go on about 2 weeks ago. I feel this was a discriminatory situation and not actually a performance issue. Furthermore, my last check does not reflect my actual time worked or earned PTO. I would like to investigate this as a small claims case and see if taking legal action could get them to pay me what I actually worked.
Asked on December 15, 2015 under Employment Labor Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
1) If you did not have a written employment contract guarantying your employment or limiting how or why you could be terminated, you were an "employee at will" and could be terminated at any time, for any reason, even while meeting a PIP, so the termination would be legal.
2) If you were not paid for all hours worked, you could sue (e.g. in small claims) for the difference.
3) You would only be entitled to be paid for PTO on termination of employment if you had a written employment contract guarantying it; otherwise, the law does not require PTO to be paid out when employment ends.
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