Employer behavior

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jsmith123

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I signed an employment agreement for another fiscal year, but did not get a copy for my records. I am not currently receiving any billable work, and received many critical comments on my performance review. I receive cryptic comments in my emails. Should I be concerned about the possibility of wrongful termination? I show for work everyday, even before I am required to be at work, I take my lunch break, and not longer than is expected and I believe I have not violated any company policies. But yet, I get this feeling inside myself that I am not appreciated or valued in my workplace.
 
Just FYI, a wrongful termination means that there is a specific law that prohibits the employer from firing you for the reason he did. It does not mean one that is unfair, unexpected, for something you did not do, or even one that is against company policy in most cases.
 
How much consideration should I give an employment contract that was signed by myself and my manager (even though I have not seen him sign the contract)? Also, they outlined a plan to improve workplace performance too. But in spite of these things, there words and behaviors, whether its something they have done or not done, and said or not saying that leaves me feeling untrusting of these people. And consulting an attorney, in my mind, might be my best backup in case the worst comes to light.
 
jsmith123 said:
How much consideration should I give an employment contract that was signed by myself and my manager (even though I have not seen him sign the contract)?
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Depends on the terms and conditions of the contract, which we cannot see, and apparently neither can you because you failed to make a copy of what you signed when you signed it.

jsmith123 said:
And consulting an attorney, in my mind, might be my best backup in case the worst comes to light.
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You could do that if it makes you feel better but I don't see what any attorney can do for you without reading the contract or until you are terminated and allege a breach of the contract.
 
jsmith123 said:
Also, they outlined a plan to improve workplace performance too.
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The plan to improve (often called a PIP, Personal Improvement Plan) is often a dead giveaway as to what is to come next. And that would be your termination. Rather than just terminating your employment without cause, they give you a no-win opportunity to improve. Failing to improve, you are terminated for cause. It's like an insurance policy for the employer.


jsmith123 said:
But in spite of these things, there words and behaviors, whether its something they have done or not done, and said or not saying that leaves me feeling untrusting of these people.
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It's time to freshen up your resume and start looking for new employment.
 
If I decide to contact an attorney regarding the PIP, what are the legal avenues & strategies that are recommended for an outcome that might help me in the present time? I do not want to assume that this is a no-win situation for me now, but I want to be as educated as possible regarding my options.
 
jsmith123 said:
If I decide to contact an attorney regarding the PIP, what are the legal avenues & strategies that are recommended for an outcome that might help me in the present time? I do not want to assume that this is a no-win situation for me now, but I want to be as educated as possible regarding my options.
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Did the employer go over the PIP with you and were you asked to sign it? Do you have a written copy of it?
jsmith123 said:
I signed an employment agreement for another fiscal year, but did not get a copy for my records.
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Have you asked your employer for a copy of the contract?
 
Hi Welkin
I will ask about getting a copy of the employment contract today. Also, I did sign the PIP and have a written copy of the PIP.
 
jsmith123 said:
Should I be concerned about the possibility of wrongful termination?
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I'm not sure what you're asking. It sounds like you are concerned about termination. Rather obviously, whether any termination that might occur is or isn't "wrongful" will depend on the relevant facts.


jsmith123 said:
How much consideration should I give an employment contract that was signed by myself and my manager (even though I have not seen him sign the contract)?
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I don't understand the question. Assuming both parties signed the contract, what are the terms of the contract?


jsmith123 said:
If I decide to contact an attorney regarding the PIP, what are the legal avenues & strategies that are recommended for an outcome that might help me in the present time?
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Again, huh? Nothing you've posted suggests that you have any basis for any legal claim. If you get terminated, and if you then decide to consult with an attorney, and if that attorney believes you have a viable legal claim, then he/she will recommend a strategy based on the relevant facts and circumstances.
 
adjusterjack said:
That is the exact question that you should be asking the attorney.

And, really, really, really, it depends on the contract you signed that you don't have a copy of so even an attorney answering the question may be problematic.
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welkin said:
Are the performance goals attainable in your opinion? Are the goals specific or vague?
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I have a copy of the signed employment agreement for my own records, and its a standard agreement that has no probationary period, and an employee would be terminated if employee violates the terms in the employee manual. It also specifies vacation leave, sick leave, cont. education, holidays, etc all according to the terms of the manual and it specifies the date of my employment period, which is July 1, 2024 to June 30, 2025.

My PIP is a separate document that reviews work procedures using spreadsheets and software, understanding and comprehending information in multiple review courses (video) and training through assigned tests. So generally, it seems attainable and goals are specific, and I did complete what my employer requested by watching the videos and completing the assigned tests.

Whether my employer was satisfied with the performance in the PIP is something I am unsure of and my employer keep email communications vague in follow up conversations. My present question is if my employer acts "unsatisfied" with the PIP in a follow up meeting, could that be a violation of the terms of the employee manual? When I reviewed the manual, I did not see PIP language, so I figure the PIP is a separate employee issue? Would I be too naive to believe the employee agreement with my signature and my manager signature will keep me in good standing for another year?
 
jsmith123 said:
Would I be too naive to believe the employee agreement with my signature and my manager signature will keep me in good standing for another year?
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Only an authorized officer or designated official of your employing company can answer the above question?
jsmith123 said:
When I reviewed the manual, I did not see PIP language, so I figure the PIP is a separate employee issue?
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As the old saying goes: If you don't know, you better ask somebody. Somebody with the position and authority to properly answer human relations and employment matters.
jsmith123 said:
My present question is if my employer acts "unsatisfied" with the PIP in a follow up meeting, could that be a violation of the terms of the employee manual?
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No one but an empowered, authorized official of the company that employs you possesses the ability and knowledge to answer your last question above.
 
Are you asking whether or not your employer is now contractually prohibited from firing you?

If not, then what are you asking?
 
jsmith123 said:
have a copy of the signed employment agreement for my own records, and its a standard agreement that has no probationary period, and an employee would be terminated if employee violates the terms in the employee manual. It also specifies vacation leave, sick leave, cont. education, holidays, etc all according to the terms of the manual and it specifies the date of my employment period, which is July 1, 2024 to June 30, 2025.
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In lieu of posting a redacted copy of the contract, unless you want to, answer the following.

What is your profession/position? Salary/compensation range? How many years with that employer?

Give us something to work with. Otherwise we are flying blind and nothing we say here will be of any help to you.
 
I work in accounting for cpa firm, my title is senior accountant. I worked with a smaller cpa firm for a year then that small firm merged with a bigger firm. I have been with bigger cpa firm for a year. So a total of two years with same group. But different cpa names now. Let me know if you need more information.

dragonfly1 said:
I work in accounting for cpa firm, my title is senior accountant. I worked with a smaller cpa firm for a year then that small firm merged with a bigger firm. I have been with bigger cpa firm for a year. So a total of two years with same group. But different cpa names now. Let me know if you need more information.
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Sorry this jsmith I don't know how my username and password got mixed with another one I have
 
jsmith123 said:
I signed an employment agreement for another fiscal year, but did not get a copy for my records. I am not currently receiving any billable work, and received many critical comments on my performance review. I receive cryptic comments in my emails. Should I be concerned about the possibility of wrongful termination? I show for work everyday, even before I am required to be at work, I take my lunch break, and not longer than is expected and I believe I have not violated any company policies. But yet, I get this feeling inside myself that I am not appreciated or valued in my workplace.
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I suggest that you take your copy of the supposed contract to an employment law attorney who represents employees in disputes with their employer. Just because you signed that agreement doesn't necessarily mean that you have a contract with the employer. These agreements are often not enforceable as contracts because they lack mutual consideration. Consideration is something you give up in exchange for something from the other party. A number of courts have held that an employer offering continued employment is not, by itself, sufficient to count as consideration. So the first thing you need to find out when consult that attorney is if there is an enforceable contract at all.

If there isn't a binding contract between you and your employer then you are simply an at will employee and may be fired at any time for almost any reason. The reason doesn't have to be a good one. All that matters is that the reason isn't one of the relatively few reasons prohibited by law. The most common prohibited reasons are terminating you because:

(1) of your race, color, religion, sex (including sexual orientation, gender identity, etc) national origin, citizenship, age, disability, or genetic test information under federal law (some states/localities add a few more categories like marital status, veteran status, etc);
(2) you make certain kinds of reports about the employer to the government or in limited circumstances to specified persons in the employing company itself (known as whistle-blower protection laws);
(3) you participate in union organizing activities;
(4) you use a right or benefit the law guarantees you (e.g. using leave under FMLA);
(5)you filed a bankruptcy petition;
(6) your pay was garnished by a single creditor; and
(7) you took time off work to attend jury duty.

The exact list of prohibited reasons will vary by state. The Washington state Department of Labor and Industries page on termination and retaliation explains the laws that apply in that that state. explains the laws that apply in that state.

If there is an actual employment agreement in place, then the exact language of the contract matters as to when and for what reasons you may be terminated. Does the document say anywhere that you are guaranteed employment for some period of time (e.g. one year) except in circumstances that are specified in the contract? This is also something to speak to the employment law attorney about.
 
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