“[O]ther employees . . . received similar performance critiques to hers but none was placed on a Performance Improvement Plan or had their employment terminated.” Edwards, 2013 WL 474770 at *3. “[T]here is at least a genuine issue of material fact regarding whether similarly situated employees were treated differently.” Id.
PIP
Failing to remove an employee from a coaching plan when he satisfies all requirements, and then placing him on a PIP, is evidence of constructive discharge.
By LSTAHL on
Posted in Employment Discrimination, Wrongful termination
“Despite the coaching plan being bogus, Plaintiff satisfied all requirements of the initial coaching plan. However, [supervisor] never took Plaintiff off of the plan. Instead, he extended it . . . and moved Plaintiff to a PIP almost immediately after the extended coaching plan ended. Thus, Plaintiff asserts that Defendant’s conduct clearly was calculated to…