Put on PIP for reasons unknown Put on PIP for reasons unknown

9 months ago

I completed my probation at this company on July 3rd, 2023. On one Friday, I took leave and suddenly an hour later I received a message saying I have been put on PIP. Today (Monday) I was asked to not attend any meetings. I did not even receive any official email regarding my PIP. However, I sent an email to my boss (who is the CEO) showcasing my contribution in the last 3 months and also regarding setting my goals & expectations for PIP period. He responded saying that I need to follow the process he cam up with last week and that my daily task will be reviewed. He also wrote that since I 'fail to realise my low performance, the PIP will not yield results anyway'. He also stated that he has asked the HR to find a replacement to avoid company's future losses.
Last week I was informed to put my reportee on PIP because of his low performance but I told them that I would rather give him a warning before taking such a drastic step. The next day I was told that my reportee will be reporting to someone else from another team. And a couple of days later I was put on PIP.
I am surprised about two things here - a. why wasn't I informed about this during my probation? And if my performance was good until then, what happened in just 10 days? & b. why was there no official email about the PIP? I received the news of PIP via text message.
My strongest intuition is, they hired me for a new role of 'Brand Manager' and now they don't find my role useful enough for the company. They probably even regret their decision of every coming up with an idea of having a new position. They definitely don't want to pay my 3-month salary, so PIP is the way to go.
I don't know what's going on. And now I'm wondering if I am being cheated.

Anik

Responded 9 months ago

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A.Dear client,

Regarding your specific concerns:

a. It's not uncommon for performance issues or concerns to arise after an employee completes their probationary period. However, the suddenness of the situation and the lack of prior communication about performance concerns raise valid questions. It's important to review your employment contract and any relevant policies to understand the procedures and expectations regarding performance evaluations and disciplinary actions. Consulting with a labor lawyer can help you determine if your rights are being violated.

b. The lack of an official email or written communication about the Performance Improvement Plan (PIP) is unusual. Generally, formal performance-related actions should be documented in writing, including the specific expectations, goals, and duration of the PIP. It's important to request written documentation of the PIP from your employer to have a clear understanding of the process and expectations. If necessary, consult with a labor lawyer to discuss your concerns about the lack of official communication.

It's important to gather all the relevant information, including your employment contract, company policies, and any correspondence related to the situation. Seeking legal advice will help you understand your rights, evaluate the situation, and determine the best course of action moving forward.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 9 months ago

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A.Dear Client,
An employee either on probation or regular employment is governed by the contract of employment i.e, offer letter issued by the compnay. In the situation you need to review the terms and condition of your offer letter carefully to find out whether the action of the Company is or are contracdictory to the terms of your contract of employment. In case you find any deviation or violation of any terms of contract that makes the working environment toxic, you need bring the the matter to the notice of your Boss either through written application or through email. A performance improvement plan (PIP), also known as a performance action plan, is a tool to give an employee with performance deficiencies the opportunity to succeed. If you're put on a PIP, take time to process your emotions and understand the situation. At times,iIt may help you to seek the guidance of a mentor — either within the company or a professional career coach. If you
fail to cope up with the toxic environment and quit in course of PIP, you lose getting any unemployment benefit or any severance package. On the other hand, termination for unsatisfactory performance may qualify as retrenchment – i.e., the termination of an employee/ worker for any reason other than by way of disciplinary action, then they are to be given at least 1 month's or 3 months' prior notice and payment in lieu of notice of termination in compliance with the Sec.25N(1)(a) of Industrial Disput Act, 1947.
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