Performance Improvement Plan (PIP)

[0651]

What is the name of your state (only U.S. law)? California

I was tasked to perform some work that isn't in my job description (nor was it the type of work I was hired for).

When I was initially assigned the work I said I had reservations about doing it because I wasn't trained or hired for that type of work.
Eventually I was told I needed to do it. A month passed and another resource was found to do the work and a manager wasn't satisfied with the amount of work I had completed on the task.

I am being asked to sign the PIP.

My questions are:
1) Should I sign it knowing that the job wasn't what I was hired for and the metrics they are using to measure me are in work that I wasn't hired to perform.
2) Can't I fight it because I was never meant to do that type of work anyway?
3) If I am fired for not signing it, can't I sue for wrongful termination?

 

[justalayman]

unless you have a contract describing your job duties, your job description is whatever your boss tells you it is.

1) Should I sign it knowing that the job wasn't what I was hired for and the metrics they are using to measure me are in work that I wasn't hired to perform.

that is up to you.

2) Can't I fight it because I was never meant to do that type of work anyway?

fight what? You either sign it or you don't. There is no fighting involved.

3) If I am fired for not signing it, can't I sue for wrongful termination?

no because it is not a wrongful termination. Your state is an employment at will state. You can be terminated for anything, or nothing as long as it is not based on illegal discrimination or other legally protected activities. Refusing to perform the work your boss directs you to is not a right you enjoy.

 

[cbg]

1.) Signing it does not mean you agree with it; it means you have been advised of management's view on the matter. Sign it or don't sign it, your choice, but there is no downside to signing it and there is very much a downside to not signing it - refusal to sign is just handing your backside over to the employer and asking him to fire it.

2.) As JAL said above, your job description is whatever your boss says it is. Let's put it this way; that's the best argument you have, but it isn't going to get you out of being fired for poor performance OR for insubordination in refusal to sign (both of which would be quite legal, whether you were hired to perform these duties or not)

3.) Since it would not be a wrongful termination, no, you can't.

 

[0651]

Thanks for the responses.

So signing or not signing isn't an admission of wrong doing on my part.

The position description I was hired for does not include this type of duty nor does my job description say "duties as assigned" or something like.

I understand that CA is an at will state but how can a manager assign a duty that you weren't hired for and then attempt to asses you on those duties?

 

[eerelations]

By assigning you a duty you weren't hired for and then assessing your performance of that duty.

 

[0651]

By assigning you a duty you weren't hired for and then assessing your performance of that duty.

What does this mean?

Not sure what you are trying to convey.

 

[justalayman]

What does this mean?

Not sure what you are trying to convey.

it was the answer to the question you asked immediately before that post.

 

[eerelations]

What does this mean?

Not sure what you are trying to convey.

You asked how a manager could do this and so I told you how.

 

[AdoptADog]

Federal Government

Do you work for the Federal Government, by any chance?

 

[cbg]

Can you point me to a law that says your employer is prohibited from assigning you to any duties than the ones you were hired for, and that if he does he is prohibited from assessing your performance on that duty?

No?

Then he can.

And if you REALLY stop and think about it, you'll know why. I'm betting that you won't take that thought to the logical conclusion, though.

 

[CdwJava]

Do you work for the Federal Government, by any chance?

It could be a state or local government agency, too. I have heard of PIPs very often when it deals with government jobs - even law enforcement.

 

[cbg]

And PIP's are quite often used in private employment.

 

[CdwJava]

And PIP's are quite often used in private employment.

I'm sure they are, though, I have never known of them used in the private sector out here.

 

[eerelations]

I'm sure they are, though, I have never known of them used in the private sector out here.

They're not always called PIPs but the gist of them is the same.

 

[AdoptADog]

PIPs and the Govt

It could be a state or local government agency, too. I have heard of PIPs very often when it deals with government jobs - even law enforcement.

I worked for the Federal Government for nearly 30 years. All of the verbiage in the original post screams of federal employment.

If that is the case, in my experience the employer ALWAYS has the right to assign work. "Other duties as assigned" does not need to be in the job description.