Uncooperative is subjective

[TimStudiesLaw]

I am not letting Alice get away with anything. I placed Alice on corrective action that cited she was not meeting productivity expectations. I have followed the procedures any good leader would follow. Human resources has been involved with every level of discipline. When I moved forward to terminate her, she went to HR with her attorney contesting the PIP. HR working with the company attorney determined that I could not term her, but rather redo the PIP stating she was uncooperative.

Have you considered your HR department and the company attorney are helping you terminate her by having you change the PIP? I'd bet a whole Coke that her termination is the goal of the HR department too, they are just making sure it's done correctly to lower or limit any potential liability because of her protected class status.

 

[eerelations]

I am hardly snarky or snippy. Nor have I been rude. I spoke directly as did you. I imagine you read my response in the same manner in which I perceived yours. As I stated I respect your experience, and I like to think that if we worked together, our opinions of each other would be very different.

I am inclined to agree with Zinger, this is probably not legal and more internal. I will seek advice here when I believe it to be beneficial.

Thanks and happy Wednesday.

"WRONG." "...if we worked together our opinions of each other our opinions of each other would be very different." "I will seek advice here when I believe it to be beneficial." This is somehow not snarky or rude? Really? What kind of barn were you brought up in?

And BTW, my responses to your rudeness were not "direct" as you so incorrectly put it. They were intentionally nasty, in response to your rudeness and inability to receive good, thoughtful, professional, accurate and polite assistance with any semblance of grace or good manners.

Finally, who is Zinger?

 

[BReezy73]

I have considered it

Have you considered your HR department and the company attorney are helping you terminate her by having you change the PIP? I'd bet a whole Coke that her termination is the goal of the HR department too, they are just making sure it's done correctly to lower or limit any potential liability because of her protected class status.

Hi TimStudiesLaw,
I have considered that my HR team is making sure the termination minimizes liability. I am unsure of what I need to be cautious of, because the feedback provided to me, was that I did what I was supposed to do. During the course of dealing with this situation, I worked with HR and every step was blessed by them (HR approved the Action Plan and PIP before I delivered them). I am not sure how there would be any liability with terming her and I thought perhaps there was a legal issue that I am not seeing.

One of my concerns was dealing with other team members who start to behave this way and what recourse I would have with them. I thought that if I had to place them on a PIP or term them for the same type of thing then that would be a liability for us because we had not termed "Alice". Based on information shared here, that is not something that I need to worry about at all.

Thanks again

 

[BReezy73]

Thanks for correcting me...

"WRONG." "...if we worked together our opinions of each other our opinions of each other would be very different." "I will seek advice here when I believe it to be beneficial." This is somehow not snarky or rude? Really? What kind of barn were you brought up in?

And BTW, my responses to your rudeness were not "direct" as you so incorrectly put it. They were intentionally nasty, in response to your rudeness and inability to receive good, thoughtful, professional, accurate and polite assistance with any semblance of grace or good manners.

Finally, who is Zinger?

Zigner,

 

[cbg]

Overall, from what you've added, I think you're on the right track, but keep in close touch with HR and make sure that to the extent that you're allowed, make sure "Alice's" transgressions are documented, documented, documented. Do likewise with other members of the team and you should (ultimately) have smooth sailing.