Legal Question in Employment Law in California

Can I be "demoted" (placed in a new position/role) on top of a PIP?

I've been at this company for 8 years, without any written warnings, I have been placed on PIP (Performance improvement plan) AND a new role at the same time. I have been working as assistant manager for the full 8 years here and got a PIP for my "deficiencies" (most of which I do not agree with, I personally think he just needs a scapegoat due to the problems our company has been having) and been placed in a newly created position as "taking care of the maintenance". My understanding is that a PIP is for your current position in which you are underperforming and have a chance to correct your performance, if not, you get punished which includes demotion and termination. I also understand a PIP is typically used as a paper trail to fire someone, however, I do not understand how the PIP can be used for a position I have not even worked in. The manager is still insisting the PIP layered with this new role that I have yet to adapt in, can this be done?


Asked on 12/03/14, 4:45 pm

1 Answer from Attorneys

The law does not involve itself in personnel management. As long as an employer complies with wage and hour laws, does not discriminate or allow harassment on the basis of race, gender or other protected classification, does not violate OSHA safety laws, and properly handles workers comp, disability and employment tax matters, the law stays out of their employment practices.

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Answered on 12/03/14, 4:53 pm


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