Tag: Attorney

  • People Are Sharing Stories About A Time Their Job Put Them On A Performance Improvement Plan, And Some Of Them May Need An Attorney Immediately

    We recently shared a story about an HR professional who went viral for giving people advice about navigating a PIP — aka a performance improvement plan — at work.

    TikTok: @johanas_world / Via tiktok.com

    Johana Saimbeau, known as @Johanas_world on TikTok, told people they should request a copy of their PIP, and document everything that happens at work moving forward, but that it doesn’t have to mean the end of a job.

    Her advice encouraged people to share stories in the comments about a time when they were put on a PIP, or when they had to put someone on a PIP. Here’s what they said:

    1.“I have put two employees on PIPs.”

    <div> <p>"One of them was fired, and the other ended up excelling. It totally depends on if the manager is actually trying to help you or if they want you out. Look for all of the signals that tell you the manager’s motivations. It’s not always about firing, but it can be!"</p> <p>—<a href="https://www.buzzfeed.com/shmoolie666" rel="nofollow noopener" target="_blank" data-ylk="slk:shmoolie666;elm:context_link;itc:0;sec:content-canvas" class="link ">shmoolie666</a></p> </div><span> NBC / Via <a href="https://go.redirectingat.com/?id=74679X1524629&sref=https%3A%2F%2Fwww.buzzfeed.com%2Fashleyholt1%2Fpeople-placed-on-pips-share-stories&url=https%3A%2F%2Fgiphy.com%2Fgifs%2Ffallontonight-tonightshow-jimmyfallon-eddieredmayne-wRhliT6OuZAvWjqilY&xcust=7800076%7C0%7CRSS%7C0&xs=1" data-i13n="elm:affiliate_link;elmt:premonetized" rel="sponsored" target="_blank" data-ylk="slk:giphy.com;elm:affiliate_link;elmt:premonetized;itc:0;sec:content-canvas" class="link  rapid-with-clickid etailiffa-link">giphy.com</a></span>

    “One of them was fired, and the other ended up excelling. It totally depends on if the manager is actually trying to help you or if they want you out. Look for all of the signals that tell you the manager’s motivations. It’s not always about firing, but it can be!”

    —shmoolie666

    NBC / Via giphy.com

    2.“I inherited an employee who had been on a PIP for six months.”

    “I told him it would be extended for another six weeks due to me being new in the position. He failed to show up to the first meeting. I gave him another chance, and he declined that meeting, too. He was legitimately surprised when I terminated him, and he followed up with a disability claim, saying he tore his achilles on the way to his termination. The organization settled for $20k and a job-training grant.”

    —homefree

    3.“I told an employer I was having a family medical emergency and probably needed to take time off.”

    “I had the time accrued, but I got a PIP out of the blue later that week for a period of 10 business days. It was also a day before my direct manager left for a week of vacation. Two of the three points they alleged were in need of improvement were a STRETCH. It seemed like they just wanted to do it and push it through before my manager’s vacation ended. When I asked what the multiple outcomes could be, they were intentionally vague, especially the HR representative.

    I later asked for a meeting with the person covering for my manager to discuss a client’s need. *Bloop* HR representative’s mug pops up. I was being terminated on day three of the PIP. I was fired for ‘something I said.’ When I asked what it was verbatim, HR refused to tell me what I said or to whom it was, TWICE.

    So I refused to sign the 25-page separation agreement, and filed with the Department of Human Rights after I called a lawyer. I refused to take their hush pennies. It was the universe telling me to change directions. I had an ulcer and chest pain every day I worked there. I found a better job, better position, better flex hours, and way more money. I am still pursuing the case against them. They did it so they didn’t have to pay me for the time off for Family and Medical Leave (FMLA), and possible bereavement time as well. Dirty, dirty ethics and a dirty company, I hope they have the 2025 they deserve.”

    —MzForza

    4.“I was put on a PIP because a coworker who was pretending to be my friend made stuff up about me to my manager.”

    Person looking surprised

    “They said that my staff complained about me. In fact, HER staff complained to me about her, and I told them she was misunderstood and a good person. My manager never bothered to substantiate any of the alleged reports from my staff. I figured that out when I asked my staff to tell me how they really felt about me, and they were all so confused. I learned that my manager never bothered to ask them and took the other girl’s word at face value, so I quit.”

    —happyorca36

    First We Feast / Via giphy.com

    5.“I wasn’t put on a PIP per se, but I did get a written warning that was a complete shock.”

    “Some of their examples to justify the warning included: During a daily meeting I had my arms crossed and muttered under my breath (which I do all the time, and not in a mean way). They claimed I showed frustration through body language or some nonsense. Apparently I packed up my desk indicating to them that I would be leaving soon (um, I cleaned off my desk because it was SUPER MESSY, and if they’d bothered to look through my desk, they would’ve seen everything was there, just put away).

    I was able to get the warning rescinded, but I had to meet with my supervisor weekly. In the first meeting he claimed, ‘You were doodling in your notebook during the team meeting.’ So I read him the NOTES I had taken to prove him wrong. It was way downhill after that, and some shit went down: Mental health, leave of absence, and I ended up quitting instead of going back, but my unemployment was approved.”

    —bougiegazelle40

    6.“I was constantly hounded and given new requirements beyond what others had by both my manager and the department director.”

    “Every weekly meeting was with both of them when it was only supposed to have been with my manager. I went through hell with them for three months and still ended up getting fired. At the end of the 60-day PIP, they extended it another 60 days, saying they didn’t have enough data. Seriously?? How can upcoming due dates qualify as ‘not meeting expectations’ when everything to date has been on time?! I now have a complaint in the investigation process with the Equal Employment Opportunity Commission (EEOC) because I am disabled. I requested a reasonable accommodation which they denied three times.”

    —uniquecat265

    7.“I was placed on a PIP and given 30 days to reach a sales figure no one was getting…”

    Woman standing indoors with arms crossed

    “…all because a few big sales I had been chasing were taking their time.This was six months into the job. I was still very new to their process.I learned it was because I ‘kept making the same request.’ But it was because the dumbass manager kept asking the same question, so I had the same hanging issue for three months, which was fixed after I left.”

    —venkmanphd

    Disney / Via giphy.com

    8.“I was doing reasonably well at a job until the longest-employed person retired.”

    “After that, my manager stopped working with me. I would ask for work and was told ‘there’s nothing for you to do.’ While extra work was being given to the other employee who was hired the same day I was. When my manager wanted to have a one-on-one, she invariably used the compliment sandwich technique on me. That’s when you say something positive, then get to the meat of the matter (always negative), and finally, say something else positive. I recognized it for the manipulation it was.

    Finally, I was put on a PIP, and that’s when I knew I had to get out of there. When I told my husband I had to leave, he replied, ‘Good! It isn’t normal to cry after every shift, which is what you’ve been doing.’

    It was the only time I’ve quit without being eligible for unemployment. My mental health was suffering so much that I was willing to go without a paycheck while looking for another job. Luckily for me, my next job turned out to be a MUCH better fit.”

    —ladicair

    9.“I’ve had to put people on PIPs. But it’s not something I’ve ever wanted to do for a whole host of reasons…”

    Woman being interviewed on MTV News

    “…including that I may like you as a person. I want all of my reports to succeed and continue to grow in their roles, plus, it’s a ton of work for me.

    I HATE the advice that if you get a PIP it means you’re going to be fired. I don’t want to fire you, but I do need you to do your job at the level you were hired (and I’m paying you) at.

    If you’re not able to do your job, then I probably don’t want to fire you, but I need someone who can do the job at the expected level. While there may be crappy companies that do use PIPs to avoid having to cite other reasons to let you go, it’s hard for me to think this is the norm. Hiring takes sooooo much time and energy, and putting someone on a PIP and firing them does as well.”

    —katieoz920

    MTV / Via giphy.com

    10.“As an HR director I always make sure that PIPs are given out so that the employee has the opportunity to improve.”

    “They should be given to someone you want to keep who has potential but is struggling. If a manager wants to get rid of someone and needs a paper trail, I will go the verbal warning, written warning, and termination route.”

    —patrisiabb13

    11.“I was put on a PIP recently. I work in a medical lab, and I have made zero errors.”

    Two women in an office setting, one gesturing confidently

    “I’m just slow at my job. They seem to value quantity over quality of work, and I get reprimanded for others’ mistakes.”

    —lindseycarmack

    Paramount Plus / Via giphy.com

    12.“I was put on a PIP the second week into a job…”

    “…when my mistakes weren’t egregious and were expected for a new hire. The manager expected me to accomplish their goals in two days. I voluntarily resigned the day after I was put on the PIP.”

    —leager129

    13.“I started job hunting as soon as my old manager mentioned the possibility of me getting put on a PIP.”

    “It was such a morale hit that I knew my work would suffer if it got that far.”

    —noideasforausername

    14.“PLEASE RETAIN ALL COPIES OF THIS DOCUMENTATION!”

    <div> <p>"If your copy is unreadable, ask for a clean copy at that moment. As an HR director, I have turned down many termed employees who want a copy after the fact because that is not a requirement in my state. That's a hard 'no.' If you wanted this paperwork so bad, subpoena me for it. Then I will worry about if I have a case or not."</p> <p>—<a href="https://www.buzzfeed.com/born_with_no_bones" rel="nofollow noopener" target="_blank" data-ylk="slk:born_with_no_bones;elm:context_link;itc:0;sec:content-canvas" class="link ">born_with_no_bones</a></p> </div><span> CBC / Via <a href="https://go.redirectingat.com/?id=74679X1524629&sref=https%3A%2F%2Fwww.buzzfeed.com%2Fashleyholt1%2Fpeople-placed-on-pips-share-stories&url=https%3A%2F%2Fgiphy.com%2Fgifs%2Fkimsconvenience-gFqtk4oYlKr0jnY8dC&xcust=7800076%7C0%7CRSS%7C0&xs=1" data-i13n="elm:affiliate_link;elmt:premonetized" rel="sponsored" target="_blank" data-ylk="slk:giphy.com;elm:affiliate_link;elmt:premonetized;itc:0;sec:content-canvas" class="link  rapid-with-clickid etailiffa-link">giphy.com</a></span>

    “If your copy is unreadable, ask for a clean copy at that moment. As an HR director, I have turned down many termed employees who want a copy after the fact because that is not a requirement in my state. That’s a hard ‘no.’ If you wanted this paperwork so bad, subpoena me for it. Then I will worry about if I have a case or not.”

    —born_with_no_bones

    CBC / Via giphy.com

    15.And finally, “I’ve managed people for over a decade and put employees on PIPs before, and this is what I will say…”

    “1) Yes, companies put people on PIPs because they want to fire them, mostly because, from a legal standpoint, putting someone on a PIP and documenting incompetence while showing the employer’s effort protects the company from having to pay unemployment or wrongful termination.

    2) Your manager does not want to do a PIP any more than you want to. It’s a lot of extra time and effort for them to conduct a PIP. Nine times out of ten, by the time we are at a PIP, it is less work to train a new person than it is to try to re-train you. Especially when the odds are I have to train a new person at the end of it anyway.

    3) With all this said, there were absolutely employees who were put on a PIP that just needed the extra time and attention and were totally worth it.

    4) The truth: They could have fired you immediately, but instead you have a few months where you are still getting paid, and you can start looking for a new job and quit before getting fired.

    5) I have never done a PIP where the person got fired and didn’t go on to a better position they liked more. Never. A PIP doesn’t mean you suck, it means it’s a bad fit.”

    —floatingbee536

    Reading these responses made me wish more people knew how common it is to find yourself in this situation. So, I have to know, have you ever been placed on a PIP, or placed someone on a PIP, and what was the outcome? Let us know in the comments.

    Comments have been edited for length and clarity.

  • Matt Gaetz Is the Best Possible Outcome for Attorney General



    Politics


    /
    November 14, 2024

    The man is a preposterous pick who will almost certainly do terrible things—just not as terrible as what a savvier prosecutor would do.

    US Representative Matt Gaetz, Republican of Florida, speaks during the third day of the 2024 Republican National Convention in Milwaukee, Wisconsin, on July 17, 2024.

    (Andrew Caballero-Reynolds / AFP via Getty Images)

    Pop quiz: Who was the best attorney general during Trump’s first term? The answer is former toilet bowl salesman for the well-endowed, Matt Whitaker. Trump’s first attorney general, Jeff Sessions, was an unreconstructed racist who had one good moment (when he recused himself from the investigation into Trump’s dismissal of FBI Director James Comey) but otherwise weaponized the Justice Department against vulnerable people. His third attorney general, Bill Barr, was a devious monarchist whose wackadoodle theories about executive power exempted Trump from any level of accountability. Jeffrey Rosen was Trump’s last attorney general, and he was fine for the few minutes he was in charge, but Rosen barely fought off a challenge from Trump sycophant Jeffrey Clark, who almost overthrew the government after Trump lost the 2020 election.

    In contrast, Whitaker, who was the acting attorney general between Sessions and Barr, merely did what he was told. He was a nonentity, a person with neither the will, vision, nor power to do anything other than what Trump ordered him to do during his brief time at the top. The attorney general is not supposed to do the bidding of the president, especially when the president is a criminal, but Whitaker, at least, did not come up with additional evil of his own.

    As we look towards the second Trump administration, I did not dare to hope for another Matthew Whitaker as head of the DOJ. The MAGA bench is deep with frightening individuals who understand the immense power of the DOJ and are eager to deploy it against Trump’s enemies, their own enemies, the free press, and vulnerable people across the country. These people include functional Klansmen, who are just itching to get their hands on the FBI and would revel in bringing prosecutions against any Black person who dissents from their rule.

    But in the first bit of good news since the election, Trump announced that his pick for Attorney General is Florida Representative Matt Gaetz. Given the universe of likely options, I will take Gaetz as AG any freaking day.

    Current Issue

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    Matt Gaetz is an unserious person. He’s not known as being particularly savvy; he’s not a calculating man who knows how to maximize power, like Barr was. He’s not an inside operator with powerful friends, like Jeff Sessions was. He’s not even a dedicated Christian warrior like former attorney general John Ashcroft, or a constitutional scholar like former acting attorney general and Republican super-lawyer Paul Clement. He’s just… a guy. A “bro.” A creepy dude who allegedly shares pictures on the House floor of women he’s had sex with. The DOJ is the most powerful and dangerous executive branch—the institution that can be weaponized against average citizens’ basic domestic freedoms—and Trump is handing it to a guy who cannot fully comprehend the terms of service of his Venmo account.

    Don’t get me wrong, unserious people can be very dangerous, especially when given power. Pennywise, the clown from the horror movie IT, preys on children while hiding in the sewers—and, well, Matt Gaetz reminds me of Pennywise. He can do incredible damage to the entire nation with the power of the DOJ.

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    Moreover, Gaetz is wholly beholden to Trump. Traditionally, the attorney general maintains independence from the president. Gaetz will not. Whatever Trump wants, Gaetz will do. Whatever Gaetz thinks will make Trump happy, Gaetz will provide. The point of making Gaetz the AG is to ensure that the Department of Justice can never even raise an objection to any of Trump’s democracy-destroying plans.

    But the reality is that literally anybody Trump was going to appoint as AG was going to be what Gaetz is: a loyalist clown show. Loyalty is the only qualification Trump has for any of his cabinet positions. Loyalty is always the primary thing weak men pretending to be strong men care about. Abraham Lincoln famously wanted a “team of rivals” in his cabinet. Trump wants a team of sycophants. The only room Trump is comfortable in is one where everybody kisses his ass. Trump was always going to appoint a committed loyalist to the only institution that has the power to stop him from breaking the law.

    Gaetz fits the requirements of being a Trump bootlicker, but he brings… nothing else to the table. I’m telling you, if Gaetz is the AG, the country will have dodged a bullet. Gaetz will do what Trump wants, nothing less, but he won’t do very much more. Nothing in his record suggests the kind of political creativity, or technical legal skill, necessary to fully weaponize the awesome and terrifying power of the DOJ.

    Some wonder if Gaetz will be confirmed. He is not well liked, or respected, by other Republicans. These Republicans have acted as if Gaetz—who was under investigation for ethics violations in the House until he abruptly resigned yesterday to pursue the AG nomination—crosses some “red line” for them in terms of the leeway they’re giving to Trump’s cabinet appointments.

    I do not believe them. First of all, it tells you all you need to know about establishment Republicans that they’re throwing a hissy fit about Gaetz (almost entirely because they don’t like him personally), and not any of the other wholly unqualified sycophants Trump has announced for his cabinet—like Fox News pundit Peter Hegseth, professional grifter Tulsi Gabbard, or Robert F. Kennedy Jr. and his brain worms (assuming Trump follows through on his promise). Second, if you think that the sexual misconduct allegations somehow disqualify him, I’ll just remind you that all of these Republicans voted for Trump even though he’s an adjudicated rapist.

    But more important, even if these Republicans honestly don’t want Gaetz to have power because of their personal feelings about him, it won’t matter. Trump owns them and their party. Establishment Republicans are weak and craven. They will do what Trump wants them to do. Spare me the stories about Senator Susan Collins’s ever-deepening concern meter: Nobody intelligent pays attention to her useless protestations anymore.

    Gaetz will either be confirmed outright, or Trump will adjourn the Senate and make a recess appointment. Once in power, he will prosecute people like Hunter Biden (side note: Joe Biden should pardon Hunter now and be done with it). He will file lawsuits against universities for their “wokeness” if he’s told to do so and go on television to make nonsensical arguments about why. The DOJ will do nothing to prosecute domestic terrorists—if those terrorists are white. It will do nothing to protect voting rights. It will do nothing to hold cops or police departments accountable for unconstitutional racial profiling. It will do nothing to protect women, or, with Gaetz in charge, girls.

    But Gaetz probably won’t come after the free press as aggressively as some other potential AG picks (beyond, that is, whatever Trump tells him to do once The New York Times or CBS displeases him). His record suggests that he’s not a huge fan of the surveillance state, which means that he’ll probably go toward dismantling the FBI instead of J. Edgar Hoover–ing it and hiding wiretaps in all of our houses. And, unlike some of the Christofacists running around here, I don’t think Gaetz has a particular cross up his ass about recreational drug use.

    And don’t forget, Gaetz has never prosecuted a case, as far as I know. Having a “top prosecutor” who has never led a major prosecution is a gift if you are worried about whom the new administration is going to prosecute. Remember, attorney general isn’t just a patronage position; it’s a very difficult job that Gaetz, clear as I can tell, is wholly unqualified for. Gaetz will be entirely beholden to the professional attorneys working under him, and while those people will certainly be terrible and have all the prosecutorial skills Gaetz does not, it’s still better to have an AG who doesn’t actually know what he’s doing than one who does know how to push forward the evil.

    Matthew Gaetz is the worst pick for attorney general—except for all the others. He will be terrible, but terrible in a predictable, buffoonish way. Given the alternatives, this is literally the best I could have hoped for.

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    Katrina vanden Heuvel
    Editorial Director and Publisher, The Nation

    Elie Mystal



    Elie Mystal is The Nation’s justice correspondent and the host of its legal podcast, Contempt of Court. He is also an Alfred Knobler Fellow at the Type Media Center. His first book is the New York Times bestseller Allow Me to Retort: A Black Guy’s Guide to the Constitution, published by The New Press. Elie can be followed @ElieNYC.

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