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Law Office of Kyle Ingram
เข้าร่วมเมื่อ 5 เม.ย. 2014
Q&A: EEOC Hearing Request (Federal Employees)
In this Q and A session, I explore the complex decision-making process around requesting a hearing before the EEOC (Equal Employment Opportunity Commission). I compare the benefits of going through an EEOC administrative judge versus opting for a final agency decision, weighing the advantages and potential drawbacks of each path. I delve into procedural details like discovery and depositions and provide insight into how to approach this critical decision in cases of intentional discrimination, allowing you to understand the strategic considerations involved.
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5 Myths - What Federal Managers Get Wrong about Reasonable Accommodations
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See the information below if you're facing the issues discussed in this video: Original Blog Post: kingramlaw.com/five_myths_about_reasonable_accommodations/ Contact me: kingramlaw.com/disability/
Federal Agency Managers Manipulate Essential Functions to Deny Disability Reasonable Accommodations
มุมมอง 3.5K2 ปีที่แล้ว
Federal Agency management often uses fake or manipulated reasonable job functions to deny reasonable accommodations. This video looks at how they do this and what you can do to stop it. Case cited in this video: Hae T. v. Bernhardt (Interior), EEOC Case No. 2019003385 (Sept. 23, 2020). www.eeoc.gov/sites/default/files/decisions/2020_12_07/2019003385.pdf
Federal Employee Formal Complaints
มุมมอง 6K3 ปีที่แล้ว
For federal employees, learn about how to deal with drafting formal complaints based on a factual scenario, issues with using federal forms, and how to format a formal complaint letter. To find out more about formal complaints by visiting my Federal Employee EEO Guide on Formal Complaints: kingramlaw.com/eeo-guides/formal-complaints/ This is intended for federal employees who have claims of dis...
Federal Employee Mediations
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Federal Employees often attend mediations without knowing what to expect and who is going to be present for the mediation. This video introduces federal employees to the mediation process and provides a background for understanding what to expect. Typically, federal employees have the opportunity to mediate claims through the equal employment opportunity (EEO) process.
EEOC Sanctions for Inadequate or Delayed Agency Investigations
มุมมอง 6K5 ปีที่แล้ว
Sanctions are an important tool for forcing federal agencies to conduct timely and adequate investigations into employees’ EEO complaints. Some federal agencies unreasonably delay EEO investigations into claims of discrimination or retaliation made by federal employees. The EEOC can issue sanctions against federal agencies that delay or fail to complete an adequate investigation. Federal employ...
Never Make These 11 PIP Mistakes: Hidden Secrets to Surviving your PIP
มุมมอง 53K6 ปีที่แล้ว
Employees can survive a Performance Improvement Plan if they are proactive. This video covers 11 common mistakes that employees make in the performance improvement plan process and how to overcome those mistakes. This is practical advice for anyone facing a PIP or who could face a PIP in the near future. A performance improvement plan is typically given to employees who receive an unsatisfactor...
Mediation in Employment & Discrimination Cases
มุมมอง 25K6 ปีที่แล้ว
Get the best possible settlement from you mediation at the EEOC in your discrimination or retaliation case. This video discusses settlement strategy, understanding case value, how to make a settlement offer or counter offer, and how the actual mediation and negotiation takes place. For more information visit www.KIngramLaw.com Text (partial): Mediation - The basics Mediation at the EEOC or stat...
Federal Employee EEO Process: From Informal Complaint to Federal Court
มุมมอง 11K6 ปีที่แล้ว
Federal employees have a process for filing complaints of discrimination that is different from all other employees. This video describes the individual steps in the EEO process from informal complaint to hearings before an EEOC administrative judge and beyond. If you believe that you have been the victim of discrimination or failure to provide reasonable accommodation, you should seek out lega...
3 Keys to ADA Accommodations
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The ADA requires reasonable accommodations be provided to employees who have disabilities. This video covers some of the key concepts that employees need to understand when requesting reasonable accommodations from their employer. If you believe that you've been the victim of discrimination or failure to provide reasonable accommodation, you should seek out legal help as soon as possible. Nothi...
5 EEO Office Mistakes Federal Employees Make
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Top 5 Mistakes that Federal Employees make when Dealing with the EEO Office: 1. Not filing within 45-days of the event 2. Not recognizing retaliation when it happens 3. Not documenting the discriminatory events 4. Waiting for the EEO office to take action 5. Not talking to a lawyer early in the process visit kingramlaw.com for more information
Today, I was told about being on a secret PIP. In the same tone when you call someone out for something they say that's very rude, and then they tell you "calm down, it was just a joke". We all know it isn't a joke. I'm not taking it as a joke and I didn't even laugh. I continued being professional and am acting accordingly going forward. It's too fresh, being today, but I'm on this video, so that should tell you something.
I got a PIP because of retaliation based on me disagreeing my boss for one thing, her believing I spoke ill of her behind, which I have never done so, and my one simple mistake. My performance evaluation is "disrespectful and dishonest." I have never had such feedback in my 30 year career. HR director and my boss are friends. There is no time for me to provide my story about those incident. They already decided. The plan is super-vague and subjective and no success measurement. I'm now reaching out to my network for an opportunity.
PIP is your way out.
A PIP is basically your employer telling you they don’t like you there and they want you gone…but they want to get a paper trail going so it looks like they made the effort to work with you to improve. PIP’s are a dog and pony show. If you’re presented with one, your days are already numbered.
I think its best to not even contest it, just do it even if its bullshit which in my case it was. If youre "defensive" about it it never goes well. And i use air quotes because you have the right to defend yourself in that situation but at that point HR does not care and is there to support the supervisor and company not you. I almost beat mine and when i went into the room they told me they got rid of my position. Id rather have laid off then fired for cause and even if you were on a pip and you werent performing well that would still be better to other employers then being fired for cause or because you shyed away from adversity/difficult circumstances. That is a glaring character flaw. When times get tough you bail. Whether that was true or not if i quit or if i got fired i wouldnt have been eligible for a severence package or for unemployment.
Its just a paper trail to cover the ash of company HR if the victim makes any legal claim when fired. Act accordingly.
great thanks
These PIP plans are fishing expeditions used by management and HR to find enough cause for letting an employee go they don’t like. If you ever get placed on one, resign immediately.
Nope I got a PIP once because my new manager was interfering with my software engineer job and not letting me get stuff done. Old boss gave me great reviews. If they think that way I don't want to work for them. I had a 2 month plan. After a month I got told I was being better. A week after that I landed a great job. Went to my manager told her "I only stayed to get paid until I could find another job." and gave her a 2 MINUTE notice and walked out.
Hi Kyle, How can I reach out to you? I am in need of legal advice for a personal matter at hand related to PIP.
PIP - Here is a set of tasks and goals you can't possibly complete or meet in the hope you get demoralized and quit.
Even if you dont have a pension...force them to remove you, you get at least unemployment and possibly a severence package. This is the whole reason these employers try to intimidate people, so they dont have to pay that. Stay strong and firce them to do what they actually dint want to do which will trugger consequences for themselves. This is the only reason they are doing this shit and trying to bully and pin it on the employee, they want you to think they have all the power...they don't
This gets really dicey when your at a company for 30 years, with a pension. They want you to leave...DO NOT LEAVE. force them to wheel you out of there with a generous severence package.
How do you do that without getting fired first.
@@broco6608 😂...duh...you're already getting fired. Make it a total costly pain in the ass for them. 😂
Personally, id have a lot of money in an emergency fund, and then wait ti get fired. The employer is doing this to avoid paying severence and unimployment. Fuck them, force their hand, they want you to quit/find another job so they dont have to ootentially pay severence and unemployment. Fuck them, force them to do want they dint want to do.
Im not on a PIP, im on a PAP, going on three years. After that amount of time it becomes clear as day to Stevie Wonder to see whats going on. The longer the employer pushes it the more obvious it becomes the employer is the aggressor. Im 55 snd have been at my employer for 30 years. They recently stopped offering pensions for new hires. I am in fact in the oensiin ststem. Ckearly they want old timers with pensions out of the place. Phuck them.
Get on FMLA each and every year for eternity. Anxiety and stress is enough. Get the medication and flush it down the toilet. You dont even have to use the days, just get on it on it.
Dont go to HR. i had HR come to me asking what the problem i had with my manager, i told them i didnt have a problem, that pribably totally perplexed them. Them coming to me puts me in the kings position. The peasants (in this case HR) petition the king, not the other way around
I trust the author of this upload means well, but any/ all of this will ONLY work if you are working for a huge company. In medium to smaller companies HR is working hand in hand with the supervisor/s and directing them on what they can get away with. Insisting on things in writing when HR is telling the supervisor to have the meeting via Skype will result in a black cloud over your head. This advice sounds reasonable and well and ultimately is, BUT PIP is not about being fair or reasonable. It's about justifying the company to fire you without legal recourse and setting up a case for you not to be able to file unemployment benefits. That is what PIP is really about. Never forget that, and don't think for a minute you will ever escape PIP because you won't. It is your surest sign you have to move on or at the very least talk to to an attorney who will ultimately tell you the same things at $350/ hour.
This was very helpful. Thank you for putting this together.
I don’t believe it is always misused. If used properly by a manager that has given past feedback and wants to use the PIP as a more robust tool to help retain an employee and correct performance issues, it is a right thing to do. I was put on a PIP in this context and had legitimate performance issues. I think though the trust/reputation impact from the performance issues that were corrected and the PIP, gave me a strong desire to reset at a different firm. But in my context it was used rightly. And I fully agree HR is not your advocate, or at least less so than management’s.
If you know your doing your job well and you think you can find a better one , than I would say just take that time and interview at other companies . Only stay on a PIP if there is a severance at the end of the tunel. Now if you know you messed up , or were not up to par. Than def focus on doing better . One because, trying to do better makes you better and 2 even if it doesn't work out atleast you gained more experience for your next role
Yes learn from your mistakes if you do need to improve, but still look for a better job.
Does a PIP follow you ? Even if you aren’t going into the same line of work?
1. Can an outgoing supervisor write the PIP and wait for the incoming supervisor to make him sign your PIP on his first day at work, before even meeting you? 2. And when the performance evaluation just received is "meets expectations", negative comments but not a single "fail" rating? 3. HR refused to remove one of the findings in the PIP even though I brought evidence that it is a complete lie? And the other two findings are minor but in an exaggerated written up? And I've heard later that the new supervisor who signed the PIP without even meeting me, was told by the outgoing supervisor who wrote the unsupported PIP to fire me, not to pass me Please address that in your video. Thank you, great job, excellent videos. Finding another job would be a good solution, but it takes more than six months to a year to find a new federal job. They can fire you in only 60 days when put on a PIP.
This guy is obviously a lawyer for a corp. Anyone else knows that this PIP shit is horseshit, including the HR golems. ESPECIALLY the HR golems.
why would you fight to stay somewhere that doesn't welcome you? If you've been pip'd, they don't want you there. It's best for everyone involved if you leave and find somewhere you're appreciated.
Question-School HR only offered me to take unpaid medical leave and I had to use 26 sick days over four months to maintain my medical insurance . They knew my disability was based on not being able to wear a mask. They warned me that I would have to pay full med benifits as of End of year if I didn’t come back to work. Masks were still required to enter the building. The previous year I worked from home for mentioning i could not wear a mask. Is no pay accommodation effective? Well not for this 62 year old single woman. That was my job they didn’t like my view on mask efficacy. Terminated me for job abandonment because they didn’t want me to work from home. Paraprofessionals dont abandon their students. We get kicked bit hair pulled spit on yelled at hands mauled by students nails and still go back to help.
My manager harassed me and put me in PIP... I have done all what you said in my email reply to manager copying HR DIRECTOR but guess what I am still on PIP and I am working one to most renounced non profit organization. I am.so disheartened by this and I have taken stress leave now... but I have to be back I have to be in PIP again... my manager is still working without any problems.. guess she has been appreciated of the abuse she did to me
(16:50) I got surprised by a PIP without the manager telling me. The lack of feeback and transparency made me angry. Now, I also surprised them a resignation. What comes around goes around.
I honestly never seen a PIP used in good faith. If you know your craft, don’t waste any more energy proving yourself to a company that doesn’t value you. If you are on a PIP, start looking or another job. Most companies use PIP for that exact reason - for you to get the hint and quit
I was placed on a plan for requesting FMLA by HR..A month later FMLA was approved and Retroactivly approved...instead of removing the PIP, when I completed it My manager said I never shoukd have been on one...so they fired him and started another PIP on me again. They refused to remove it even after approving my FMLA...HR...will not listen and did not listen in fact he said my conditions weren't as bad as a water heater busting..So HR can but won't remove it.
I have a question, i had to exhaust all of my leave/vacation time at the beginning of the year due to major surgery/FMLA. i came back to work in April, with zero sick time or vacation time. It refills yearly, in january. So as of now, any sick calls or time off has to be approved and unpaid. I heard rumors of a PIP for attendance, which hasnt been horrible since surgery but its unreasonable to expect that i never have to call in. Would this be unfair/illegal since my time was exhausted initially due to FMLA?
Awesome video!
it's so sad to know there are so many horrible bosses.
And so many of them are viewed as strong leaders and get promoted. Never get their comeuppance.
What if there's no HR?
You forgot #1 mistake "assuming you shouldn't look for other jobs and leave your employer soon as possible". Even if you pass PIP, they will know that they can bully you into squeezing more work out of you (especially if this is a salary position), and will make your life living hell.
My manager tricked me to sign the PIP after an informal meeting. Lucky enough I signed the document half way and realized that I hadn't even read what was written. It was shocking to find out the document was PIP. I rejected all the allegations and very quickly it was withdrawn. My manager did not consult HR before issuing PIP. I'm just wondering if HR needs to be informed before manager issuing PIP? Also I got this PIP because my line manager made mistake, so I was the one to be blamed. The reason was I spent too much time to fix her error. What can I say 😨
Lol, just got a “Pre-Pip”. Already looking for another job. I’ll beat the PIP easily and leave anyway. Ironic for a company motto being “Employees First”, yet not even taking the time to understand why the employee may not be performing up to standard, even after having stellar performance marks until that point, and even making them aware of the personal reason for the temporary decline. Oh well, its like they always say- “People don’t leave bad jobs, they leave bad management”. ✌🏾
"First break all the rules" book quote!!! Good for you..
My sister is an HR manager and they had multiple cases of employees undergone a PIP who passed and kept thier jobs. Thier purpose of the PIP is to really fix what is wrong and to improve employees work performance. In other organizations maybe their purpose is different. The key is to look at the PIP details if the goals and expectations are reachable.
My manager tricked me to sign the PIP after an informal meeting. Lucky enough I signed the document half way and realized that I hadn't even read what was written. It was shocking to find out the document was PIP. I rejected all the allegations and very quickly it was withdrawn. My manager did not consult HR before issuing PIP. Such a sneaky manager.
What happens when the employee is stellar, but the boss does not like you?
😂 HR promises & commitments 😂
Agreed. It’s not always misused. If used properly by a manager that has given past feedback and wants to use the PIP as a more robust tool to help retain an employee and correct performance issues, it is a right thing to do.
Bullshit 🤡
Can a employer denied you a reasonable accommodation for a reason and when you explain them, can they then change the reason after you appeal the denial?
Thank you so much for this. I missed an urgent email from a boss while I was away sick. My inbox receives 1300 to 1500 emails a month. It's unmanageable but I am suddenly due to that 1 missed email "not doing my job". Upsetting. I am a documenting queen who does nearly double the workload of my predecessor. Your advice was greatly helpful on how to proceed with caution now. No PIP yet, but I'm preparing as if it was happening just so I am protected.
Constructive dismissal.
Thanks for your work 🙏🏻
There is no surviving a Pip. Your mgt has decided to terminate you and are just doing the legal CYA as requested by the HR dept. Why try to stay with people who want you gone? Use the time to find another job and say goodbye to these crumbs.
Experienced PIP without even a manager telling me. This is great advice!
That and if you're not careful you are building a case against yourself for filing unemployment benefits which I believe is the number one reason why they push PIP to begin with.
@@danjohnson887 Ill remember not to sign my Pip paper work next time.
If I didn't sign my PIP paperwork, does that mean when they fire me, I'll be able to collect unemployment??
If I get PiP'd, I'm going to rip ALL of their skeletons out of the closet.
AWS PiPing left and right. Just quit, there is thousands places where you will be valued.
PIP's are meant to mainly gather evidence to fire you down the road, especially when your boss does not like you as a worker or person. Get out before you have to check YES on the job application under Asked to Resign.
I got a PIP because I had a performance issues I followed my new boss’s idea to help increase my performance evaluation and I’m doing great!!! So far. I also did a violation because I cussed at an old lady! Please help me! Idk how to fight a PIP!
Oh common, look for place where you will be happy. I quit on the same day I got pip and couldn’t be more happy. Universe has plan for you, don’t hold to old thing.
@@viktorask amen to that. I quit an hour after i got a pip. Cant pip me bitch im out 🖕🏾✌🏽
I worked as a virtual employee for 2 years generated million dollar work promoted in less than a year my boss went on leave and manager changed... New manager put me on PIP in 3 months. I did not even work on any project with him in that duration still I was given improvement period of 30 days. Thankfully I got a 100% salary raise at a new org in 7 days. I think was purely racially motivated I guess. The description is very accurate.
I was forced to go through the PIP process and was dismissed, it absolutely destroyed my career and years of hard work. Do not fall for the improvement lies you will never improve enough, it is about gathering evidence to fire you. In my personal opinion, you have two options to get a job elsewhere and leave before you are sacked or find valid evidence to quit and claim constructive dismissal.
Bottom line is don't be loyal to any employer you work for but do your job if they treat you fairly and have a second career or try a part time job always and let them know in subtle way you have your own lawyer and know labor law. and to let any potential co-workers from bully you you let them know are a NRA member. Let the guess in their mind what a work place shooting will look like and they will never even think about being an a-hole towards you. It's all laws of the jungle in today's work place.