Employee Disciplinary report Please HELP

[Germanator]

State: TX
I have a serious conflict with my current employer. I had my performance review for last year, which fell into meet and exceed expectations.
Now that they have hired another guy that is the son of the president from the parent company in Taiwan, I am being singled out and criticized a lot.
I believe they want to can me and want to find a reason.
I was called into the conference room today and was presented with a disciplinary report. It outlines substandard work, carelessness, defective and improper work among other ugly accusations.
I completely disagreed on it and countered with my last performance review, which completely contradicts those accusations.
My immediate manager had consulted with the director and both were trying to accuse me of those things and wanted me to sign this disciplinary report.
I told them that this comes as a complete surprise and I need some time to make additional comments. I will have to have a response by tomorrow. Here is what I wrote in response:
I have carefully read the disciplinary report and have come to the conclusion that the accusations I am being accused of are unfounded. Based on my past performance review from 01/01/2003 to 12/31/2003 I have met and exceeded the expectations of all criteria. Therefore the accusations made above completely contradict my performance review.
It is beyond my comprehension how the quality of my work and work ethics are being criticized in such a manner that I must conclude, the above expressed critic of my work is a personal attack and cannot be validated.

I think it is time to look for a new job. If I get fired, is there any legal ground of a lawsuit based on discrimination? I feel certainly attacked and mentally tortured with this.
Thanks for the help.

 

[cbg]

They don't need to "find a reason" to terminate you. Texas is an at-will state; you can quit at any time and for any reason, and they can fire you at any time and for any reason that does not violate the law. If they want to replace you with the son of the president of the parent company, all they have to do is say, "Germanator, your services are no longer required; there's the door".

Unless you are a firefighter or a police officer, your state does NOT grant you the guaranteed right to make a response to what is in your personnel file. You were treading on very thin ice by refusing to sign the performance review and insisting on writing a response; you could quite easily have been fired then and there for insubordination (which would likely have also cost you your unemployment compensation). Signing a performance review does NOT mean you agree with the content; it means that you have been notified of the contents.

If you are fired, you will not have any legal recourse based on the facts in your post. What you describe does not constitute illegal discrimination.

 

[Beth3]

In addition, wanting to be rid of you in favor of the son of the company president is not prohibited. Favoritism is not illegal.

And, as cbg points out, they don't need a reason to fire you. They are free to say "Sorry, now that Joe is here, we don't need you any more." I agree it's time to start looking for a new job - and fast. For whatever reason, the handwriting is on the wall.

 

[krispenstpeter]

I think it is time to look for a new job.

Good Advice

 

[Germanator]

But isn’t what they are really doing is harassment?
Harassing me about every little thing so they can get rid of me.

I completely understand that they can terminate my employment for any reason, but why start harassing me first and contradict themselves.

Also on a side note, I was going to sign it and told them so, but not without my comments. A employee always has the right to comment on his or her review. If you don’t comment on it, means you agree to what was said in it, you have acknowledged it.

 

[coosi]

Now that they have hired another guy that is the son of the president from the parent company in Taiwan, I am being singled out and criticized a lot

Texas has a nepotism law, but I'm fairly certain it only applies to government funded employment...

 

[cbg]

"But isn’t what they are really doing is harassment?
Harassing me about every little thing so they can get rid of me."

No, what you have described does not come even remotely close to the legal definition of harassment.

"A employee always has the right to comment on his or her review. " That may be company policy. It is NOT law.

"If you don’t comment on it, means you agree to what was said in it, you have acknowledged it." Acknowledgement and agreement are not the same thing.

 

[Germanator]

I think this applies very well in my situation:
harassment per dictionary.com:
tormenting by continued persistent attacks and criticism.

 

[cbg]

I said it didn't meet the LEGAL definition. The dictionary definition has nothing to do with the requirements to meet the legal standard.

 

[Germanator]

I said it didn't meet the LEGAL definition. The dictionary definition has nothing to do with the requirements to meet the legal standard.

would you mind, telling me what the legal definition is? Thanks.

Also, might it be better if I rather quit on my own terms soon, like put in a notice for the end of the month or something? Or should I wait until they fire me? On one hand I have a right for unemployment, on the other it might not be in my favor for future employment. Thanks

 

[cbg]

Under the law, it is not ILLEGAL harassment unless it is due to your race, religion, national origin, gender, age (over 40 only), disability or pregnancy. Some, but by no means all, states have expanded that list to include such items as marital status or sexual orientation; I'm not in my office so I can't check but I don't believe your state has added any additional groups.

Bottom line; unless you are prepared to show that you are being "harassed" BECAUSE OF your membership in a group protected by either Federal or state law, this is NOT illegal harassment no matter what the dictionary says.