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You may think performance improvement plans are reserved for lower-level employees—but that’s a misconception. No matter your title, position, or how long you’ve been with a company, you can be placed on a PIP. At Gardner Employment Law, we help clients craft strategic responses to PIPs, often helping them save their positions or pivot toward better opportunities.
If you’re in management and facing a PIP, you’re not alone—and you have options.
What Is a PIP and Who Can Receive One?
Performance Improvement Plans (PIPs) are formal documents used by employers to address perceived performance issues. While commonly associated with entry-level or mid-level roles, managers and senior leaders can also receive a PIP.
Typically, a PIP outlines performance expectations, identifies areas of concern, and provides a timeline and action plan for improvement. These documents are often discussed in meetings led by supervisors or HR professionals. The goal is to give the employee a structured path to correct performance shortfalls—but not all PIPs are created with genuine intent to improve.
As we explain in our article, “A Performance Improvement Plan or Documenting Your Exit,” a PIP usually includes:
- Specific goals the employee must meet
- Constructive feedback and support mechanisms
- Measurable timelines
- Disciplinary steps if goals are not met
Can a PIP Be Used for the Wrong Reasons?
Yes. Sometimes, PIPs are issued not to help an employee improve, but to build a case for termination—or worse, to mask bias or retaliation.
Take the case of Mangum v. United States Steel Corporation. Phyllis Mangum, a Black woman in a managerial position, was issued a PIP after supervisors deemed her performance lacking. After failing to meet the outlined goals, she was terminated. Ms. Mangum claimed the action was rooted in racial discrimination and retaliation. Her evidence? Two white male managers in identical roles committed the same safety violations but were neither counseled nor placed on PIPs.
The court ruled that a reasonable jury could find evidence of discrimination based on the differential treatment. Although there was no direct proof of bias, the inconsistencies in how similar infractions were handled suggested a potentially discriminatory motive.
Overt discrimination is rare. Employers seldom provide direct evidence of bias—but disparate treatment, like what Ms. Mangum experienced, can still violate the law.
Is a PIP Always a Sign You’re About to Be Fired?
Not necessarily. While some PIPs are warning signs of potential termination, others can be turning points—opportunities to realign your strengths with your role.
Consider the story of Ellen Bailey, now Vice President of Diversity & Culture at Harvard Business Publishing. Early in her career, she was placed on a PIP. Initially disheartened, she took the plan seriously and used it as an opportunity to reflect on her skills. That self-awareness led her to a conversation with her manager, who helped her transition into a marketing role—where she ultimately thrived.
Over the years, we have helped clients see the value in receiving a PIP and help them negotiate for a better position, usually in a completely different department.
Ms. Bailey’s story is a powerful reminder: A PIP doesn’t always mean you’re not competent. It may simply mean your current role isn’t the best fit. With the right mindset, a PIP can be a launching pad to something better.
What Should You Do If You Receive a PIP?
Here’s what you should do if you receive a PIP:
- Take a moment to assess: Try to view the PIP objectively. Are there legitimate areas where you can improve?
- Engage with the process: Attend meetings, ask for clarification, and show that you’re committed to addressing the feedback.
- Explore new opportunities internally: If your skill set better suits another role, discuss possible transfers with your manager or HR.
- Consider the broader context: If the PIP seems sudden, unfair, or inconsistent with your track record, it could signal deeper issues. Discrimination or retaliation may be at play.
- Don’t burn bridges: Whether you complete the PIP successfully or decide to move on, maintain professionalism throughout the process.
- Seek legal guidance: If the PIP feels unjust or discriminatory, consult an employment attorney to evaluate your options.
Receiving a PIP can be a jarring experience—but it’s not the end of the road. A well-strategized response to a PIP can protect your career and your reputation. In many cases, it can also be used as a negotiation tool for reassignment, severance, or settlement.
Need Help Responding to a PIP?
At Gardner Employment Law, we’ve guided employees and managers alike through the PIP process. Whether you want to keep your job or prepare to transition smoothly, we’ll help you make informed decisions and protect your interests.
If you’ve received a PIP and aren’t sure what to do next, contact us. Your next step could shape your future.