Legal Question in Employment Law in California
Changing employment termination status
I was recently let go from an advertising agency. I sense that this was a retaliatory step that my Supervisor took because several months ago, I filed a complaint with HR about his management skills. So, in June, instead of receiving a semi annual review, as I had expected, I received a �Personal Improvement Plan�, which stated that if my work did not improve to my Supervisor�s satisfaction, my employment at the agency would be terminated. Please note that I never received a verbal warning about this. During our discussion of the PIP, my former Supervisor lied and claimed that a second Supervisor concurred with the PIP. I found out later that this was a false claim and the second Supervisor actually never read the PIP and had fought hard to keep me.
Later, the HR manager told me that there wasn't anything that I could do to keep my job. The ironic part to is that this Supervisor was also my Career Manager, the person who was supposed to guide me and help me grow my career.
I would like to find out if I can change my status from ''employment terminated'' to a ''lay off''. I am afraid that this misleading term will affect future employment and earnings.
1 Answer from Attorneys
Re: Changing employment termination status
You cannot force an employer to change your personnel file, you can only respond in writing stating your version of the facts. However, sometimes a stongly worded letter from an attorney can convince the employer to change the reason you left the company to avoid potential legal problems later. You should schedule an appointment with an employment law attorney near you.
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