potentially fired for poor performance despite high sales?

So for the past year I've been on this stupid corrective action plan to "improve my sales performance". This was initiated because I had a couple years of bad numbers. I was put on a plan that didn't include my actual number performance but was supposedly based purely on her opinions about my work behaviors. Despite my boss's claims that the observable behavior at work is still lacking I've had a very good year with my sales. I have the 2nd best sales of the 9 reps under her and I'm in the top 1/3 of the entire company. If she fires me anyway do I have any sort of case? I'm mainly bitching here but any thoughts would be interesting.

i'm assuming you have at will employment. thus, you can be fired at will for whatever reason. She could fire you because she doesn't like the color of your socks.

unless she has done something that can be construed as legally discriminatory. Perhaps, better, she made sexual advances toward you (and is hot) and you resisted for the sake of your career. You then probably have a case.

Originally Posted by teddieriley

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unless she has done something that can be construed as legally discriminatory. Perhaps, better, she made sexual advances toward you (and is hot) and you resisted for the sake of your career. You then probably have a case.

lol, I'll look into that.

Originally Posted by texas_jack

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So for the past year I've been on this stupid corrective action plan to "improve my sales performance". This was initiated because I had a couple years of bad numbers. I was put on a plan that didn't include my actual number performance but was supposedly based purely on her opinions about my work behaviors. Despite my boss's claims that the observable behavior at work is still lacking I've had a very good year with my sales. I have the 2nd best sales of the 9 reps under her and I'm in the top 1/3 of the entire company. If she fires me anyway do I have any sort of case? I'm mainly bitching here but any thoughts would be interesting.
Longhorns suck. Gig 'em.

Don't get all fiesty just because your basketball team is having a decent year.

Originally Posted by texas_jack

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So for the past year I've been on this stupid corrective action plan to "improve my sales performance". This was initiated because I had a couple years of bad numbers. I was put on a plan that didn't include my actual number performance but was supposedly based purely on her opinions about my work behaviors. Despite my boss's claims that the observable behavior at work is still lacking I've had a very good year with my sales. I have the 2nd best sales of the 9 reps under her and I'm in the top 1/3 of the entire company. If she fires me anyway do I have any sort of case? I'm mainly bitching here but any thoughts would be interesting.
Corrective action plans are designed to provide material back-up for the business if and when they fire you. Because even though you may be in an at-will state, it doesn't mean you couldn't bring a wrongful termination compliant against them. If the criteria in the CAP isn't objective or measurable, you could potentially argue it wasn't based upon the job description and you're being discriminated against. If you're a minority, over 45, or a woman, you could make their lives a bit miserable. If not, if you're willing to pony up the money, you could bring a complaint/suit for any reason you wish. I can't imagine an HR group allowing there to be a CAP that was instituted for sales performance, that lacks a core metric on your numbers. I suggest getting in contact with HR and inquiring why the impetus behind the CPA wasn't documented or measured. And possibly start to lodge complaints against the manager who is creating a hostile environment. ------ BTW - its not worth trying to bring up a case against your company. it'll cost you more than you'll get. If its not working out, its time to move on. Personally I've rarely seen CAP's on sales people because A) everyone knows they're difficult personalities B) if they sell they can do what they please. How bad did you screw up where they're trying to force you out because of your behavior. Dang.

Originally Posted by bmulford

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Corrective action plans are designed to provide material back-up for the business if and when they fire you. Because even though you may be in an at-will state, it doesn't mean you couldn't bring a wrongful termination compliant against them.

If the criteria in the CAP isn't objective or measurable, you could potentially argue it wasn't based upon the job description and you're being discriminated against. If you're a minority, over 45, or a woman, you could make their lives a bit miserable. If not, if you're willing to pony up the money, you could bring a complaint/suit for any reason you wish.

I can't imagine an HR group allowing there to be a CAP that was instituted for sales performance, that lacks a core metric on your numbers.

I suggest getting in contact with HR and inquiring why the impetus behind the CPA wasn't documented or measured. And possibly start to lodge complaints against the manager who is creating a hostile environment.

------

BTW - its not worth trying to bring up a case against your company. it'll cost you more than you'll get. If its not working out, its time to move on. Personally I've rarely seen CAP's on sales people because A) everyone knows they're difficult personalities B) if they sell they can do what they please. How bad did you screw up where they're trying to force you out because of your behavior. Dang.

Behavior is probably the wrong word. It's more like she doesn't agree with my sales style. We actually have a good relationship and the process was initiated by a regional business director who has since been fired herself, so it's kind of a cluster ****. I do believe she wants to move me out but I'm not exactly sure why. Yes, I'm black but I don't think that has anything to do with it. I hope that me being black combined with the fact that my sales numbers are good that they'll be too afraid to actually pull the trigger and I can leave on my own terms when the situation improves.

I should add the HR dept just got laid off and now we have a contract HR company. I have no idea who I should call. LOL

Originally Posted by texas_jack

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Don't get all fiesty just because your basketball team is having a decent year.

I have no idea how A&M is doing, I've lived in Delaware for the past 8 years.

Once an Aggie, always an Aggie. Longhorns still suck.

[/my spam]

Originally Posted by texas_jack

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Behavior is probably the wrong word. It's more like she doesn't agree with my sales style. We actually have a good relationship and the process was initiated by a regional business director who has since been fired herself, so it's kind of a cluster ****. I do believe she wants to move me out but I'm not exactly sure why. Yes, I'm black but I don't think that has anything to do with it. I hope that me being black combined with the fact that my sales numbers are good that they'll be too afraid to actually pull the trigger and I can leave on my own terms when the situation improves.

I should add the HR dept just got laid off and now we have a contract HR company. I have no idea who I should call. LOL

Gah. Cluster is right. however being a protected class probably does help - although I don't know how enforced that is in texas. In California you could probably stop showing up and still collect checks.

If HR is contracted out - you still probably have a rep. Documentation is good for you in this case. Proving that it was started for lack of sales, and that you can show it has improved beyond the mean will be beneficial. If you're not sure whom to contact - go to the person responsible for risk (probably your CFO or controller) and ask who is dealing with the HR stuff.

Of course - without giving all your cards away, it would be well to talk with the manager (with an hr rep or another party - hopefully one that's not her ally) and address the initial complaint along with your corrective action.

Just having a manager not like you isn't satisfactory.

Hopefully your 'style' isn't crude, racist or sexist - because she could make that claim otherwise.

How does any company seriously consider letting go performing sales people in this market?

Originally Posted by texas_jack

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So for the past year I've been on this stupid corrective action plan to "improve my sales performance". This was initiated because I had a couple years of bad numbers. I was put on a plan that didn't include my actual number performance but was supposedly based purely on her opinions about my work behaviors. Despite my boss's claims that the observable behavior at work is still lacking I've had a very good year with my sales. I have the 2nd best sales of the 9 reps under her and I'm in the top 1/3 of the entire company. If she fires me anyway do I have any sort of case? I'm mainly bitching here but any thoughts would be interesting.

Do they know how much you hate "White Folks"...???

Originally Posted by bmulford

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How does any company seriously consider letting go performing sales people in this market?


Not knowing this person's capabilities the general answer to your question is that there can be a difference between a high performing sales rep and a high performing territory. I have seen vacated territories hit plan the following year with an empty seat running the show....

Originally Posted by x26

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Do they know how much you hate "White Folks"...???

My mom is actually white so that'd be a FAIL.

Originally Posted by texas_jack

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My mom is actually white so that'd be a FAIL.

OK. Just had to Ask...

Originally Posted by texas_jack

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So for the past year I've been on this stupid corrective action plan to "improve my sales performance". This was initiated because I had a couple years of bad numbers. I was put on a plan that didn't include my actual number performance but was supposedly based purely on her opinions about my work behaviors. Despite my boss's claims that the observable behavior at work is still lacking I've had a very good year with my sales. I have the 2nd best sales of the 9 reps under her and I'm in the top 1/3 of the entire company. If she fires me anyway do I have any sort of case? I'm mainly bitching here but any thoughts would be interesting.


Well Jack,(since my original hunch was wrong)
As I'm sure you know there are millions of reasons for your dilemma and all you/we could do is speculate.
Work/Social relations are so complex. Well anyway Good Luck.

Originally Posted by x26

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Well Jack,(since my original hunch was wrong)
As I'm sure you know there are millions of reasons for your dilemma and all you/we could do is speculate.
Work/Social relations are so complex. Well anyway Good Luck.

Yeah, in all likelyhood I'll get fired (they have to give me some cash), I'll move on to find a new job, and life will go on. I'm just salty about it since I feel I have put forth great effort and I'm going to be getting dick for it.