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Recently my employer placed me on a PIP without any prior warning, which I believed to be unfair. I contested this by showing evidence that not only was the PIP unwarranted but also that my job role had been inaccurately classified. I pointed out that my work was being judged at a managerial level even though I'm in an individual contributor (IC) position. Additionally, I voiced serious concerns about discrimination and unequal treatment at the company. Following my objections, the company revoked the PIP and has since made efforts to be more accommodating and to address the discrimination issues I brought up.

Despite the company's recent shift to a more accommodating stance, I'm still uneasy about the possibility of being terminated in the future, perhaps during an upcoming layoff or organizational restructuring. This concern stems from discussions with former colleagues who experienced a similar sequence of events: their PIPs were withdrawn, only for them to be terminated later, seemingly as part of broader layoffs. This recurring pattern has me questioning my position and the kind of exit package I might be able to secure should my employment come to an end.

Given these circumstances, I wonder if your firm could would be able to me in negotiating a significant exit package, leveraging the issues of discrimination and job misclassification I've previously raised? Or, am I likely to be offered the standard severance package given to others in a layoff situation? Could hinting at legal action at that point assist in securing a substantial exit package, even if the company maintains that it has resolved the issues I highlighted? Would liability on their part still exist?

I've considered negotiating an exit now, but I've only been with the company for a year. Would it be wiser to wait?

We cannot determine what the company will offer you, but we can tell you what your legal entitlements would be upon reviewing your specific situation along with your employment agreement. And yes, if you are terminated as a result of a reprisal for having brought forwards discrimination issues, this would be a breach of the human rights legislation and could warrant additional damages. Please contact our office for a consultation.
Lior Samfiru
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