What to do if my husband was put on a corrective action plan by his employeer today?

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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 9 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.


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