Is Your Minnesota Corrective Action Plan BS?

Corrective Action PlanIs there such a thing as a Minnesota Corrective Action Plan or are there laws that you should be concerned with?  No and yes.  Unfortunately, it depends on your job and the size of your employer.

Thus, this law office encourages you to use the following as a guideline and or introduction to this thing called a Minnesota Corrective Action Plan.

What is a Minnesota Corrective Action Plan?

First, there really isn’t a black or white definition.  Generally, corrective action plans in Minnesota are documents used by employers to communicate certain expectations to a worker or an employee.

Minnesota is applied to this term not because there is a rule or statute specific to corrective action plans, but instead given the fact this law office serves people who work for Minnesota corporations and businesses.

It is the experience of this law office that many corrective action plans are ambiguous or unclear.  Might this be the case for you?  When your Minnesota corrective action plan is unclear, ambiguous, or broad – you should panic.  No, don’t panic – this was a horrible attempt at a joke.  That said, certainly it is problematic when you yourself do not know how to meet and or exceed the expectations outlined in your corrective action plan.  For this reason, it is critical you seek clarification, ask questions, and document (write down in a notebook or print out communications via e-mail) that help you piece together the plan your employer is proposing.

Can a corrective action plan be called something different?

Yes, often employers will refer to corrective action plans or a Minnesota corrective action plan like that discussed in this article as a CAP, Personal Improvement Plan, or PIP.

Really, the punch line is whether or not there is a document that identifies expectations your employer is asking that you change while making reference to outcomes if you do not meet their expressed policies.Minnesota Corrective Action Plan

Why should you document your corrective action plan in Minnesota?

Look, your employer is documenting things and you should too.  Take notes of every communications between you and your boss, director, manager, hr representative, etc.  Some people verify, print, and keep e-mail.  Others should consider writing communications down in a notebook.

Again, follow this practice so you have records and to show why and how you tried desperately to adhere to your employer’s expectations.

Also, document your communications specific to your Minnesota Corrective Action Plan because you never know when it might help you in a future conflict, whether on the date of your discharge, the date you seek unemployment, or if you are ever compelled to pursue a cause of action against your now former employer.

But wait, you don’t have a job that requires you to use a computer

For the jobs and careers that do not include or require computer use – you can still document your Minnesota corrective action plan by taking notes at the conclusion of your work day.

I read this article after I had been fired and didn’t document anything

Ok, so you are just now coming across this article.  Do not beat yourself up or despair.  Yes, you have legal rights that allow you the opportunity to seek a copy of any correction action plan given to you by your employer.

Under Minnesota rule 181.961, you have the right to review your personnel record and or get a copy of it.  Very likely, your employment file will include a copy of your Minnesota corrective action plan.

If you are given a corrective action plan and work in Minnesota, when should you contact a lawyer?

It is the opinion of this law office that as soon as you are given a corrective action plan or asked to review a corrective action plan, you should consider seeking help form a lawyer to help manage or advise you on the rights you have.

Like that referenced above, every Minnesota corrective action plan is different and depends on your job and the size of your employer.

Can a corrective action plan impact your unemployment benefits?

Yes, a corrective action plan in Minnesota can impact your unemployment benefits.  For this very reason, never submit your corrective action plan to any person, party, or government agency without first having it reviewed by a lawyer.

With exceptions and assuming the worker is still employed, a worker placed on a plan is likely ineligible for unemployment benefits in Minnesota.  This is true because a worker placed on a corrective action plan normally continues working.  In Minnesota, a worker who quits their job after being placed on a corrective action plan must meet one of ten exceptions before becoming eligible for unemployment.  More significantly, whether or not the worker placed on a corrective action plan is terminated will have bigger impact on the issue regarding unemployment benefits.

Again, deciding to submit it along with your application for unemployment benefits or a separate government agency inquiring about your corrective action plan (like the Department of Human Services, Department of Labor, etc.) can have a significant impact on your rights going forward.

What should you do going forward?

You really have three choices: (1) do nothing, (2) drive yourself crazy, and or (3) call a professional who works with Minnesota corrective action plans on a regular basis.

Therefore, if decide you want to seek help from a professional, please consider contacting this law office for help.