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Has your employer recently issued you a performance improvement plan (aka PIP)? Are you uncertain if this could be the start of your exit from the company?
While businesses issue PIPs to help employees, there could be an underlying goal to document your termination. If you received a PIP unexpectedly and don’t know what to do, Gardner Employment Law can help you.
How Can You Tell If a PIP May Mean Termination?
If your employer issued you a PIP out of the blue, that could be a red flag that the PIP could be leading to your termination.
When your employer delivers a PIP, keep an eye out for the following:
- The document has unrealistic expectations.
- There are no status meetings scheduled throughout the duration of the PIP to see how you are progressing.
- There is no indication of support.
- The PIP contains unclear goals for improvement.
- This follows positive annual reviews and good performance with no record of previous issues.
If the PIP feels like a surprise to you, it could be a sign that you are getting fired.
As we explained in “A Performance Improvement Plan or Documenting Your Exit,” you may benefit from the advice of a good employment lawyer who has experience in handling PIP issues. You need someone “in your corner,” someone who is objective.
Do All PIP’s Lead to Termination?
Not all performance improvement plans lead to termination. A PIP’s main purpose is to foster growth and improvement within an employee. According to Forbes, PIPs have the ability to “provide personalized guidance” and “bridg[e] gaps that might seem insurmountable.” Businesses develop PIPs to improve the company’s bottom line and the long-term performance of the employee.
In recent years, employers have utilized PIPs to document an issue before terminating the employee. Since Texas is an “at will” state, the employer technically does not have to issue you a PIP before firing you. It is mainly to protect the company from future legal complaints.
Still, a company cannot fire you for an unlawful reason, even if documented in a PIP.
What can you do if issued a PIP?
The best way to respond to a PIP is to contact an employment lawyer quickly. Whether or not you sense that the PIP could be signaling a termination, it can be greatly beneficial to have an expert employment lawyer review the plan.
If you are an executive, having the PIP reviewed could provide thoughts about how to either negotiate a compromise or a friendly exit. In any event, you need to act quickly. The longer you wait, the less time you will have to form a plan of action.
An employment lawyer can help review the PIP for potentially unreasonable requirements and help put together evidence that the PIP was designed to prolong an eventual termination.
Bottom Line
When issued a PIP, don’t panic and simply sign right away. Allow Gardner Employment Law to review each aspect of the plan to ensure your success. You aren’t alone. Allow us to be in your corner.