Can Outside Counsel Be Sought?

DareIdoright

Expert advice is desperately needed. Here's the scenario, a 5 year Mid-level manager recently learned his boss is attempting to have him replaced (fired). Approximately 4 months ago, this manager was performing and there were no issues surrounding him. This changed when one of their largest accounts was bought by a sole-owner who decided to give the account to a close friend in the industry (within his right to do), and a smaller account left resulting in large loss of billing hours as well. The boss manager angry at losing these accounts and billing hours turned to his manager demanding a quick fix. The boss apparently chooses to place blame with his manager, who does who does not work as an Account Representative or Sales Representative, but more on the Operations aspect. The boss is hostile, clearly making for a stressful work environment, and constantly creating situations that are usually never substantiated. The boss is clearly attempting to obtain evidence to get rid of this manager. The manager received a biased and totally unobjective annual review during this time. Until four months ago, the manager has an exemplary work record, no attendance or performance issues noted in his file, received performance awards, was promoted within a short period of time and is respected by direct reports as well as peers. Here are the concerns: At this point,
Should the manager contact HR located in another state to discuss these issues? Will it make a difference getting it on the record now that he is aware they are actively looking to replace him? Should he get his concerns on record? If the boss is using him as a scape goat to cover this loss of business, what recourse does he have? What should this manager do at this point?

Parabeagle

"...clearly attempting to obtain evidence..."
"...biased and totally unobjective annual review..."
"...exemplary work record...respected by direct reports..."

I'm just spitballing here, but it sounds as though you have to have very intimate knowledge of the parties involved in this dispute to be able to use language as forceful as you have in describing the situation. Just how close are you to the situation and how objective is your analysis of the facts involved in this situation?

That having been said, you pose a number of questions. What this manager should do, strictly in my opinion, is get ready to get out of Dodge. Whether or not it would do any good to go to the HR in another state depends purely on what your internal policies and procedures are -- if HR is empowered to intervene, investigate, etc. on behalf of the aggrieved. Will it make a difference getting it on the record now? Maybe. Depends on what he wants to do with the documentation. Can he prove the boss is using him as a scapegoat? If so, any recourse available depends on who he can convince. If the boss has made things so intolerable that the guy cannot perform adequately and feels he has no choice but to leave, that's (possibly) constructive discharge. But you have to convince a jury of that.

Personally, I would get my resume in order and start discreetly making contacts. Usually once someone with the power has set their cap towards terminating someone, there's little that can be done to prevent it.

Sorry to sound so cynical. Good luck.