Ok.
Not knowing you, I can safely say
-
Yes, they are working to push you out.
-
Immediately document everything to date including your actions to improve, the item that you believe is retaliatory, and examples of deficiencies in their coaching memo. For example, if they said you didn’t file weekly reports on time you would list dates and times and generically ask for specific details. I say generically because you are submitting your response to HR with a note to simply add it to your employee file. Do not provide to your manager. Do not do anything except have it added to your file. You may wish to include notes about age or other protected classes, but make certain that you are not making a discrimination claim at this time. You are setting up for a pattern-or-practice claim, possibly with discrimination, later. It would be advisable to get specific legal advice for your state, but this approach is not likely to harm you. It may be used to claim the start of a very limited period to file a claim or where you document something that is actionable against you. In other words, they may use this as a clock starting moment. Of course they can use other dates, so I wouldn’t be too concerned.
-
Start recording everything. Literally every meeting, email, message and carrier pigeon. Positive and negative.
Your goal at this point is to quietly indicate that you are a fighter and not going down easily. That you’re older helps a lot.
The following will happen. Either they will ignore anything that you do, move you to a written warning and then termination, or they will let the coaching memo lapse without comment. Occasionally they’ll escalate and then back away. It’s a well known playbook and it is deplorable. If they lapse the coaching memo you will either get the package next round or they will try again. You may get a call from HR to have an interview to discuss your concerns. You can’t really refuse. But HR is not there to help you at all. They are there to identify legal peril and eliminate it. If they ask if you’ve been discriminated against due to age you should be coy and say that it is possible but not something that you are focused on at the moment. Pivot to their claims and push that they are untrue. Highlight their failure to perform according to HR policies regarding clear examples, clear feedback and coaching for improvement. You can download the policy on the Schweb.
Lastly, remember that policy prohibits recording and some states require two-party consent. Not legal advice, but since no one will know until you file a legal action I would capture everything and let the attorney deal with it. If you feel better, you can use contemporaneous notes in place of audio recordings. Including timely summaries and quotes in your employee file makes these more powerful later, but also shows your hand now. You can simply email HR with a please add this request. Capture what you sent and the date/time/whom. HR has been known to lie about not getting things. The official process is via a web portal. I’d submit both ways.
There is more advice in this forum if you search, in addition to generic legal guidance online. Remember that most states are at will and can terminate on a whim. But they don’t. They bend over backwards to provide legal protection or the appearance of protection. That’s why they lay off, have a process and use coaching memos. None of it means it is ethical, legal or professional. On law, once they give reasons they have to show (mostly). They can say anything, but at least you have a clear path to refute.
You may also get pointed towards the ombudsman. This is a supposedly neutral third-party. They aren’t. It isn’t that they are bad people, but they’re contractors of the corporation. Conflict of interest.
An independent labor lawyer will cost a bit, but this company has a history of settling to make issues go away. Getting your silence is valuable to them.
Good luck.
This should encourage anyone under 40 to examine the company they work for. Have enough savings to quit or be fired any day, and, as you get close to 50, have enough to retire with a solid network for the next job if desired. Why this company decided to act this way to so many is unbelievable, but they did and do.