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To: Volunteer
Performance?

I've been on both sides of this equation and in NYS, at least, one cannot be fired for 'performance' unless the employer has met at leasttwo standards...

1) A record of your poor performance and the employer's efforts to correct it or at the ;east warn you about it must preceed any dismissal.

2) Every other employee of the company with the same job must also be shown to meet the standard that you failed to or else be fired too.

Absent these two conditions NYS Dept. of Labor will represent the employee in a wrongful discharge suit (as long as the employee is not a 'manager').

If they have either sat you down to discuss the performance issue prior to this and/or notified you in writing that your performance is an issue then there is little (probably nothing) you can do except take the money and wave good-bye.

113 posted on 10/19/2012 3:18:02 PM PDT by wtc911 (Amigo - you've been had.)
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To: wtc911

Excellent post. Saving it. May need it in the future. The 2 witches in the office are still trying to get me fired.


128 posted on 10/19/2012 3:37:17 PM PDT by NoGrayZone (For evil to triumph it is only necessary for good men to do nothing.)
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To: wtc911
>> A record of your poor performance and the employer's efforts to correct it <<<

Just curious, who has the burden of proof ? As we have seen in politics a good person can be have his character assassinated and a gangster can get elected into public office. Corporate politics can be just as ruthless. How would you protect yourself?
151 posted on 10/19/2012 4:56:33 PM PDT by Kid Shelleen (Beat your plowshares into swords. Let the weak say I am strong)
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