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[quote=Anonymous][quote=Anonymous]I work in HR and this is really weird and dumb of Hr as they are handing Ee 1 a way to challenge their termination.

I’m assuming there is no union here?

I think the best Ee 2 can do is request to put a written response on their personnel file which should be as succinct as possible and just set out the facts.  Ideally. Ee 2 could also try their managers to write a letter for the file that says it was very helpful for ee 2 to  point out these deficiencies, and that he/she does not see any basis for concluding that reporting the deficiencies in any way violated company policy.  [/quote]

+1. I'm not in HR, but as a manager that's dealt with a good number of issues and also with HR, I agree with this.

The HR reaction is very strange, and seems to give EE2 a case for retaliation - EE2 reports deficiencies leading to EE1's PIP. Then EE1 abuses the HR process to have a letter of warning placed in EE2s personnel file. Management really should be going to bat here.

If EE2 can't get the rebuttal in their file I do think an employment lawyer is the next step. There's not really a lawsuit here at this point, but the threat of legal action might get the company to do something about HR.[/quote]

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