What to do if my husband was put on a corrective action plan by his employeer today?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my husband was put on a corrective action plan by his employeer today?
In the notice he is expected to meet his goals by the 12th of ext month. This is virtually impossible. He has not received a performance appraisal in the last 2 years. We believe that they have already hired another person for his job so we think that they set the date so that he won’t meet his goals and they can fire him. There are other employees in his area that are having the same issues, yet they were not put on a corrective action. This does not seem fair.
Asked on November 20, 2012 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unfortunately, it does not matter if this is not fair--employers are not required to be fair or to treat all employees the same. The only real question is whether your husband has a written employment contract or not. If he does, then if there are any terms in regard to discipline, evaluations, termination, etc. which would help him, he can enforce those terms. However, if he does not have an employment contract, he is an employee at will. An employee at will could be fired at any time, for any reason--even unfair ones--without prior notice or warning. Therefore, since your husband could simply, in this case, be fired on the spot, the employer could also elect to put him on a corrective action plan, even an impossible one, then terminate him if he can't meet the plan's requirements.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.