Solving your employment Problems

Is a PIP a prelude to wrongful termination?

On Behalf of | Sep 18, 2024 | Wrongful termination |

Performance improvement plans (PIPs) are often touted as tools to help errant employees “get back on track” when their work falls below management’s expectations – in theory.

In reality, PIPs are often a prelude to a wrongful termination. Your employer may be just creating a carefully curated paper trail before they show you the door, trying to avoid a discrimination claim later.

When a PIP is a smokescreen, you usually know it

In an ideal world, a PIP is issued in good faith, and it will give you a clear path to improve your work performance and return to your employer’s good graces. However, PIPs are frequently used for retaliatory reasons.

Signs that your PIP is a smokescreen include the following:

  • You’ve recently been vocal about a workplace problem, filed a complaint against another party in the office for harassment or raised safety concerns.
  • The PIP seems sudden and unexpected, given that your work has always been satisfactory up until now, and nothing significant about your performance has changed.
  • The goals in your PIP are either impossible to achieve or poorly defined, or they require you to spend more time documenting your work than actually working.
  • The PIP comes on the heels of a “suggestion” that you would be “happier elsewhere,” aren’t a good “fit for the corporate culture” or “should be ready to retire,” and you suspect that you’re being pushed out of the company because of your gender, disability or age.

If you’ve been placed on a PIP and you believe that your employer has no intention of honoring their end of the commitment, it may be time to seek legal guidance. At a minimum, you want to carefully document everything – just in case you need evidence later to make your case.