In the verbal corrective action plan (which I signed it), my manager has lied about my performance and I can prove it with the emails I have...

Question

In the verbal corrective action plan (which I signed it), my manager has lied about my performance and I can prove it with the emails I have. Now she is going forward with the verbal corrective action plan. I haven't met her yet, so nothing official yet. I explored the idea with one of my other managers, that if I leave the company, e.g due to company restructuring, or something like that, then not to have the corrective action plan in my records; I was offered instead that if I sent my voluntary resignation then the corrective action would not be in my records. Any advice?

Answer

First of all, you have the right to see anything placed in your personnel file. Likewise, you have the right to challenge the manager's statements. Moreover, even if they fire you for cause, they would be opening themselves to a lawsuit if they said anything more than your date of hire, position and date of termination. You can also file a complaint with MCAD.

I represent a number of companies and my advice to them is that absent a very positive letter of recommendation to simply state the employees date of hire and date of termination and position held.

If they want you to go, they will find a reason to terminate you. I would suggest you tell them that you will resign provided they do not place anything in your file and they do not challenge your application for unemployment. If they agree then you need to prepare a termination agreement that is to remain confidential. Moreover, they are not to make any negative comments to prospective employers. They can tell them only that as a matter of company policy they do not provide recommendations and simply provide dates of hire and last day worked and position, Compensation information will require your consent. They are to pay you your accrued vacation time et cetera. They will allow you to continue your insurance in accordance with Cobra or MA Mini Cobra.

You do not say the name of the company or who made the offer without more information it is difficult to be precise.

Good Luck and if you need further assistance you can call me.