Employee EEOC threat after being placed on a PIP

Employee EEOC threat after being placed on a PIP

I have an employee on my team that had been underperforming for several months. Specifically, missing project deadlines, inaccurate report completion, not complying with department work products, external and internal stakeholder complaints. Under the guidance of HR, I placed he/she/they on very achievable PIP ( after multiple verbal warnings and discussions). The employee’s response to the PIP was that they believed I was retaliating against them for filing a complaint against me for creating a hostile work environment. The thing is that HR never told me of the complaint. I learned of it when the employee wrote a scathing email in response to the PIP. When I asked HR about the complaint, they told me they investigated and his/her/their allegations were unfounded so they never told me about it. They said the employee didn’t want to me to know of the complaint or to work with me and HR to improve the relationship so they couldn’t tell me. I felt blindsided. Also, they did not tell the employee the findings of their investigation until AFTER he/she/they received the PIP. Based on that, I understand the employee’s perspective about retaliation. It absolutely wasn’t true but I understand it.

Fast forward through the PIP. The employee’s performance is mediocre to poor. Several of the same issues exist, I contact the employee about performance and/or work product and he/she/they either ignore me, send terse responses or call my boss to complain. I share all this with HR and my boss. My boss and HR tell me that I’m doing a good job that they recognize the employee is problematic but to keep working through the PIP. The rest of my team is highly functioning and I have strong and positive relationships with them. Things came to a head when I asked a basic question about the employee’s late work and he/she/they responded that I was hostile, aggressive and abusive. He/she/they stated their belief (again) that I was retaliating against him/her/them. He/she/they went on to say that they have involved the EEOC. At this point, I don’t want to engage with the employee in any manner. I don’t trust that HR told the employee that I never received the complaint and was not retaliating. I don’t trust HR and I feel exhausted and abused dealing with this. I know I’m not an abusive manager nor do I create a hostile work environment, but it’s hard to go forward without feeling afraid that anything I do is wrong. I’ve contacted HR and asked they be a part of any communication with the employee and I’ve shared ( in real time) all of his/her/their correspondence with HR and my boss. I could use advice on how to get through this experience. I’m starting to feel broken. I’ve been at the company for nearly 10 years and I’ve never had this occur before. TIA

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13 Comments

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  1. Anonymous

    No. The employee’s performance issues did not improve. He/she/they met some parts of the PIP but not all. I don’t really know what HR will say.

  2. Anonymous

    This person is stalling you. If I were the others on the team and noted the appeared "tolerance", I'd be extremely frustrated.

    Either PIP was successful or not. Let her go if not.

  3. Anonymous

    If you don't take action on this PIP and fire this person, the rest of your team will become resentful and turn into retention risks. When awful behavior like this is tolerated, it sends a strong message to the rest of your employees that sub-par work is tolerated and accepted.

  4. Anonymous

    Amen!! I said the same in a different response. I've seen bad performance acceptance...first hand. Caused me to "quiet quit"

    People don't leave bad jobs, they leave poor management.

    I have a strong work ethic but if it's not getting anywhere, why should I go above and beyond in situations like this

  5. Anonymous

    I absolutely agree. I think this employee needs to be terminated but I think our HR department is scared to hold them to account because they mentioned the EEOC. I too have seen poor work accepted and I don’t want the negative consequences of “accepting” terrible behavior on my team.

  6. Anonymous

    First, this was hard to read because I found he/she/they and him/her/their offensive. If you are trying to disguise the gender of the person, they/their/them works fine.

    If HR and your boss state that you are on track with the PIP, and the person is still failing to comply, what stops you from terminating them? If they only complain whenever you send constructive criticism, it's time to cut your losses.

  7. Anonymous

    I didn’t realize my use of pronouns was offensive. Thank you for that feedback.

  8. Anonymous

    Thanks for the response. If I could fire them, I would have already. The HR department plays a role in this too, especially when EEOC allegations occur - even if they’re false. I posted for advice and possibly some suggestions on how to deal with this emotionally. You didn’t need to be snarky to get your point across.

  9. Anonymous

    This person is playing the system. Be extremely vigilant in your documentation. Do not rely or trust HR. The EEOC will investigate and in about 2 years will deliver their findings. In the meantime, try and get this person or yourself reassigned because this will only get worse over time. It's highly stressful but this person will continue their campaign.

  10. Anonymous

    Thanks for that timeline and the feedback. I truly love the work I do and the rest of my team, but this experience with HR has broken the little remaining trust I had in the organization. I’m slowly starting my job search. The stress is too much.

  11. Tiffany Clark

    The PIP plan is a way to get the person to be fired. That's how it is seen in most cases. If you put them on PIP after they made a complaint against you then it does looked at as retaliation. Also, I would like to say and to others that even though you are a supervisor you can't just fire a person. Hr in many cases have the final say so. The reason why they haven't fired her because EEOC is involved. The only thing isI suggest is that you provide the person additional training. In the PIP, The person should agree to better their performance but as a supervisor you should offer to help them become more successful at their job. If you haven't offer any additional training at all, then it makes you look bad because as a supervisor you have to make sure your employees performed their duties correctly. HR is making you look bad by not following through with what you are saying. The best thing to do is that you all have a meeting together and explain what is happening.

  12. Anonymous

    I had no idea the employee made a complaint against me and it had no role in my decision to place them on a PIP. In order for the PIP to occur, HR has to approve, they knew of the employee’s complaint and they did not tell me of it at all. Per the Director of HR, it was unfounded. They should have told the employee of their findings immediately. I believe they should have told me as well, especially when I requested their assistance, guidance and approval to place the employee on a PIP.

  13. Anonymous

    Also want to note, I have decreased the employee’s workload to allow them more time to complete tasks, the employee attended an all day time management training course and the employee meets with me weekly to discuss outcomes and receive additional support/training. This is above and beyond what is standard for the rest of the team and is frankly unfair. I have no choice because our PIP system is not designed to fire people, but to give them the resources to stay in a job - even when they should not.

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