termination after performance improvement plan in California

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Latest post Wed, Aug 19 2009 9:03 AM by Drew. 5 replies.
  • Tue, Aug 18 2009 3:37 AM

    • ladybug100
      Consumer
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    • Joined on Tue, Aug 18 2009
    • CA
    • Posts 3

    termination after performance improvement plan in California

    I have worked at big global CA dot.com company for more then 8 years. I never had performance issues before. My manager was laid off at the beginning on May, then new manager changed my goals for H1, then position level requirements qualifications were changed globally withing the company (less then a month before performance review time), then I was transferred to another team and my goals changed yet again, etc. Anyways, to make story short, I was informed by my new manager that I didn't meet expectations for 1st half of the year and I will be put on performance improvement plan for 2 month. If I will not improved enough, I'll be terminated. I am half way through my term (from mid-July to mid-September) and based on the last meeting with yet another new manager (already 4th since May), I got understanding that no matter what I do, it would never be good enough. By the way, I am over 50 years old, but it looks like it's very hard to proof age discrimination, even if it's obvious that company is trying to get rid of seasoned people with big salaries and hire young, fast, eager employees for half the price. By reading through the posts on this message board, I got an impression that it's all legal and that most probably I don't have any case here. In case of termination for bad performance, I am not getting severance pay for my 8 years of service, right? What about unemployment benefits? How this termination by poor performance would reflect on my future job search? Should I forget about questionable unemployment benefits and quit myself to avoid "bad' record in my employment history? Thanks.

  • Tue, Aug 18 2009 4:44 AM In reply to

    Re: termination after performance improvement plan in Califo...

    "In case of termination for bad performance, I am not getting severance pay for my 8 years of service, right?"

    Very few states require the payment of severance.  If your company offers you severance pay when they terminate you take it.

    "How this termination by poor performance would reflect on my future job search?"

    Compared to the number of people searching for jobs probably not much different than anyone else.

    "Should I forget about questionable unemployment benefits and quit myself to avoid "bad' record in my employment history?"

    Bad idea.  Some money coming in is better than none. If you quit you will definitely be ineligible for UI.  If they do actually terminate you for poor performance you may still be eligible for benefits and collect them.  Most likely you will in this climate as it shouldn't be viewed as gross misconduct.  Given the scores of people who have lost jobs you will be a blip on the radar screen of people filing for benefits and searching for a job under the circumstances you were terminated under.

     

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Tue, Aug 18 2009 5:48 PM In reply to

    • LynnM
      Lawyer
    • Top 10 Contributor
    • Joined on Mon, Apr 3 2000
    • CA
    • Posts 28,248

    Re: termination after performance improvement plan in Califo...

    Apply for unemployment and see what happens. They have no obligation to provide severance.

  • Wed, Aug 19 2009 3:01 AM In reply to

    • ladybug100
      Consumer
    • Not Ranked
    • Joined on Tue, Aug 18 2009
    • CA
    • Posts 3

    Re: termination after performance improvement plan in Califo...

    Thank you very much to everybody who replied.

  • Wed, Aug 19 2009 9:03 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 49,645

    Re: termination after performance improvement plan in Califo...

    You have two posts running--and apparently you have not yet been fired.

    So play your STD and FMLA cards as best you can darn fast.

    I'd NOT quit--kills UC .

     

     



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