If your employer previously gave you good performance evaluations but is now giving you poor evaluations or even putting you on a “PIP”, a Performance Improvement Plan, you should call this law office today. I have successfully represented numerous employees of both public and private employers, who were unfairly placed on a “PIP” and given a warning to improve or risk termination. This undeserved downturn in evaluations is a ruse sometimes utilized by employers to have a trumped-up justification to fire an employee. Things to be noted are:
Workload Increase
Has your workload recently increased? If your workload significantly increased prior to the PIP, it could be that the employer is specifically setting you up to fail by setting unrealistic goal markers.
Job Duty Changes
If your job description and/or duties changed prior to the PIP, your employer could again be preparing to have an “alleged” legitimate reason to terminate you. In discrimination law, this is called a “pretext for discrimination” and it is illegal.
Change in Management
A change of supervisors, whether your immediate supervisor or a top-tier administrator, could signal that the new supervisor or administrator has an illegal bias against certain classes of employees, such as age, gender, race, disability, sexual orientation, etc.
Asking for a Raise
Even if none of the above apply, if you experience a sudden downturn in your evaluations, it could be for numerous other illegal reasons. Did you recently complain to your employer that you were not being enumerated for your work on par with other employees who perform the same job functions, (when the others are members of a different class than you, i.e., they are younger or a different ethnic group, etc.)? Even if you did not imply there was discrimination in the workplace, the mere fact of asking for a raise in some cases may be sufficient for the employer to infer that you believe there is workplace discrimination.
When Discrimination in Wages Based on Classification
If you are a NJ worker whose employer is paying you less for doing substantially the same kind of work as other employers, and the pay disparity is based upon your race, age, gender, pregnancy, etc., you could be entitled to treble damages under the Diane B. Allen Equal Pay Act if the employer has no legal defenses.
Did You Recently Complain about the Employer’s Business Practices?
If you recently objected to the employer’s business practices because you thought them to possibly be in violation of a law or regulation, or a clear mandate of public safety etc., and your performance evaluations plummeted thereafter, you may have a whistleblower claim.
If your Employer Is Not Violating the Law
If you reasonably believe your employer’s business practices are illegal and objected to them, even if the practices are not illegal, and then you are demoted, transferred or otherwise retaliated against by the employer, a NJ worker may have a whistleblower claim under the Conscientious Employee Protection Act (CEPA) or with certain facts, under federal statutes.
DO NOT SIT ON YOUR RIGHTS!
I have successfully represented numerous employees of both public and private employers, who were unfairly placed on a “PIP”, or who were otherwise harassed, retaliated against, or terminated and was successful in obtaining monetary compensation for them, including top-tier professionals.
If you were placed on a PIP and are thinking about resigning, you should contact this law office before you do so. If you think your employer is forcing you out or illegally retaliating against you or if you were terminated, you should call me now for a free consultation. I am an experienced, aggressive and compassionate employment law attorney
Do not sit on your rights, or you may lose the right to file your claim.
If you are being subjected to such unlawful workplace retaliation, contact Hope A. Lang, Attorney at Law today for a free consultation. I accept employment law cases from all over New Jersey.
New Jersey employment attorney, Hope A. Lang, Attorney at Law serves clients throughout the state, including Bergen, Middlesex, Essex, Hudson, Monmouth, Ocean, Union, Camden, Passaic, and Morris Counties with locations in Southern, Central, Western and Northern NJ to meet with clients.