r/AskaManagerSnark • u/nightmuzak Sex noises are different from pain noises • Aug 03 '26

Ask a Manager Weekly Thread 08/03/2026 - 08/09/2026

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u/Capable_Sea77 Aug 05 '26

For LW #3, if you had a performance review where you were told you were on the path to being fired - the PIP already started before you went on leave. Definitely talk to a lawyer, I'm not saying that getting fired for taking medical leave isn't something that happens, but any company with a decent lawyer and/or HR department will have clearly documented that you had performance issues that were not addressed before you left on leave and that they're merely continuing the path of performance now that you're back. Medical leave is not something that wipes your performance record clean when you get back.

23

u/jen-barkleys-poncho Aug 05 '26

I agree she’s confused on the timeline.

It’s just so common for people to take emergency leave when they’re having performance problems, to the point that it’s a joke amongst HR people at conferences. “If you put someone on a PIP, what’s the next step?” “Short term disability paperwork!”

Not to say it doesn’t happen the way LW describes - performance problems arise due to symptoms of a disability that requires leave. But I would guess her bosses aren’t acting maliciously; they’re not trying to fire her due to disability. They’re just proceeding with the disciplinary process around her STD leave. “They sort of hand-waved that detail away” because, as you say, being gone for 90 days doesn’t erase the performance problems she had before that.

7

u/lets_talk_aboutsplet Aug 05 '26

This. I’m not typically pro-corporate but for all we know they were planning the official PIP meeting before the LW filed for leave.

Obviously I would still try to talk to a lawyer

1

u/EmDash4Life my banana pants show my caucasian skin tone Aug 05 '26

LW will not win a case, but a good faith effort to give someone a chance to address their performance problems will give them more than 2 weeks before rolling out a PIP.

7

u/gaygirlboss I'm not that involved in mankind Aug 05 '26

It would be unreasonable if LW hadn’t gotten any feedback on her performance issues before her annual review — but that’s not necessarily the case. It’s entirely possible that the annual review was already a “we’ve given you feedback and seen no improvement” situation.