My employer has suggested a Performance Improvement Plan that I do not believe I deserve. I work hard, and during the

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Customer: My employer has suggested a Performance Improvement Plan that I do not believe I deserve. I work hard, and during the pandemic have had to raise and school kids at the same time. The original job description stated I would report to the VP, instead I report to the COS and the COS is the one putting me in a PIP. What are my rights?
JA: When did this begin? Was the work environment intimidating, hostile, or abusive?
Customer: This happened today. and yes my COS is quite abrasive and quick tempered. For instance, this morning during our bilat she listed off a bunch of dates and I asked if she could repeat since she listed them fast, I just wanted to make sure I didnt make any mistakes and she huffed and said Nevermind I will handle this with the VP
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: Higher education 5000 + employees
JA: Where are you located? Harassment laws vary by state.
Customer: Ottawa, Canada
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Are there up front fees for counsel?
Answered by Debra in 32 mins 1 year ago
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Debra
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Debra
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172568 Satisfied customers
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10+ years of experience
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Debra
10+ years of experience
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172568 Satisfied customers

Jessica

Jessica

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31,131 Satisfied customers

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Debra, Expert

Hello and Welcome to JustAnswer. My name is***** will be working on your question today and I am looking forward to our conversation.

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Debra, Expert

Please note that I am working from my computer and not actually texting. If you don’t answer back for a while I may not be online when you do but I will never desert you and will check back often. As well, as I am working from home it is possible that I will be interrupted but I will always return back as soon as I can.

Finally, although the site offers a call option I personally do not take calls but just work online. Some find this confusing as it looks like the offer is coming from me but that is just how the site presents the offer and it really isn’t coming from me. Some of the other experts do take calls and so you are very welcome to request a call on this post and an expert may take it. They will have the benefit of reading our exchange which should work out very well for everyone involved!

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Debra, Expert

I know your question is important to you and I will be giving it the time and attention it deserves.

I am sorry to hear of this difficult situation.

Are you in a union?

Customer
Thank you Debra. No, I am not unionized
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Debra, Expert

How long have you worked there for?

Customer
Just over 1 year at the VP office and before that I was in another department same institution
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Debra, Expert

Well I would hope that your record would speak for itself because not only have you been there for over a year but you also worked for the same employer in another department.

My concern is they are setting you up for a just cause dismissal which would mean that they could dismiss you and not pay you termination pay

So I suggested for now you do your best to meet their obligations but perhaps at the same time you should be speaking to your employer about switching departments because it looks like you're having a problem with your supervisor in this department.

If they do business you and their complaints are not valid it would be a case of wrongful dismissal and you can sue them.

Does that make sense?

Customer
It does. My question is, if I technically report to the VP on paper but the PIP comes from my COS, shouldn't my VP have to review this as well? I am being considered for a promotion back at my original department but won't find out until later this week if I got the job... would it be too risky to give my 2 weeks notice tomorrow (during our PIP discussion)?
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Debra, Expert

I don't think you should do a thing just yet.

I would think your VP would have to be brought into the situation for sure.

Customer
should an HR rep be present? At the moment it is just me and the COS
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Debra, Expert

It depends on the policies of your employer. You should ask for this is you want it.

Customer
Thank you. Would it be wise to fill out an ATIP form to access all records pertaining to my personal work info?
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Debra, Expert

Why don't you wait to see if you get the promotion to the other department first?

Customer
I guess so
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Debra, Expert

If you're going to hear later this week then why not wait so you don't put anything in jeopardy.

Customer
Makes sense and I will play "nice" and comply to the COS's PIP meeting tomorrow, but if I am asked to sign I will do so w added text saying "signing to acknowledge receipt" .... since I don't agree at all.
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Debra, Expert

That is 100% the best approach.

Customer
Great thanks.... now onto managing the anger so that I don't quit on the spot
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Debra, Expert

I understand but don't let them win.

You are very welcome.

Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say “This is only for Debra” I will be sure to give your post top priority.

Customer
Liked “I understand but don't let them win.You are very welcome.Thank you for trusting us to help you here at JustAnswer. If you need more clarification or have a follow-up question just reply and we can continue our dialogue. If you would like to ask me new questions please start a new post and if you do if you say "This is only for Debra" I will be sure to give your post top priority.”
Customer
Understood and thank you very much! Take care
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Debra, Expert

Thanks

Customer
34;This is only for Debra" question "employment-at-will" is illegal in Canada?
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Debra, Expert

I don't know what that is but it doesn't exist in Canada.

Customer
In US labour laws, at-will allows the employer to terminate an employee without notice nor cause nor compensation. In the PIP document (which I believe was plagiarized from a university website in the US) that I received today claimed "The PIP does not alter the employment-at-will relationship." "Content of the PIP is to remain confidential"
Customer
Am I paranoid or is this weird?
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Debra, Expert

Well is is actually sort of funny because they have no idea what they're talking about.

Customer
With regards ***** ***** At-will scenario?
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Debra, Expert

Yes because it doesn't exist in Canada.

Customer
Awesome thanks for confirming
Customer
34;This is only for Debra question" does your service include reading content? I have drafted an email to my COS in response to hers (w hr in cc). I wouldn't suppose you could review my response?
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Debra, Expert

If you start a new post I can read it. Just be sure to put my name into the new post the way you just mentioned it here.

Customer
Ok
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Debra, Expert

Thanks

Customer
COS email to me (I thought the meeting went well):Bonjour Elaine,
 
In light of our discussion yesterday about the draft performance improvement plan, I want to say that while I understand it can be stressful for you, your attitude and behavior was not appropriate and will not be tolerated.
 
At this point in time, in your role and based on the abundant feedback both Jacline and I have been provided to you over the past months, you have everything you need to understand what is expected from you in your role as executive assistant to the VP.
 
As mentioned to you and using the ‘’comment function’’, I invite you to write down your questions in the attached draft plan and return – no later than Monday, April 19 - it to my attention and to the attention of our HR business partner, NAME, who is copied.
Customer
I have not sent anything yet as deadline is April 19th
Customer
Debra
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Debra, Expert

Please start a separate and new post.

Thanks

Customer
Sorry will do
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Debra, Expert

Thanks

Customer
When I try a new post/ thread it brings me to this thread
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Debra, Expert

Please start your new post here:

https://www.justanswer.com/law/expert-debra/

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