We get a lot of phone calls from people who are very upset about having just received a Performance Improvement Plan (commonly known as a PIP). It is an understandably awful feeling. The employee has just been handed a formal notice that they are not performing up to the employer’s standards.
Below is a breakdown of how we advise our clients to think about things when they receive a PIP.
Step One: Is it Me?
First, read the PIP with an open mind. Take inventory of your performance and what the PIP says. Criticism is hard to hear, but it is possible that your employer has a point.
Step Two: Is it the Employer?
Do you disagree with the content of the PIP? If so, you need to examine why you are receiving it. If your employer simply misunderstands something, you should consider writing a rebuttal.
If, however, you believe that you are receiving the PIP because of discrimination or retaliation, you should say so immediately. And it is best to do so in writing so that there is no confusion about what you said, to whom, or when.
We have seen too many employers hide behind PIPs and successfully argue that the employee never complained about discrimination until they were terminated, despite having received a PIP in the past. By immediately responding, you take this argument away from the employer – and you further protect yourself against retaliation.
Step Three: Now What?
A lot of people ask us if their PIP is a setup for ultimate termination. Sometimes, this is the case, but not always. If you think you are going to lose your job, or of you are otherwise unhappy, the first thing you should do is start looking for a new job. And if you think you are being discriminated or retaliated against, you should absolutely contact an employment attorney as soon as possible so that you can effectively plan how to fight back and put yourself in the best position moving forward.