Our experience working on many discrimination and wrongful termination cases clearly suggests that in many cases being placed on a PIP means that your employer has already made the decision to terminate you, and they are using the performance improvement plan process to just make it look like they are giving you another chance. Often, the same employee who is placed on PIP doesn't even have a chance to finish that 30-day, 60-day, or 90-day plan, and they are terminated way before. In rare cases, the employer is genuine about their desire to have you improve your performance.
So, what should you do when you are placed on PIP?
- The first question is whether there is any evidence that the real reason for your PIP or (upcoming) termination is illegal - i.e. the potential firing will be discriminatory or retaliatory. Do you have grounds to believve that PIP is just an excuse to get rid of you because of your race, age, disability, filing a workers comp claim, complaining about harassment or some other unlawful reason? If so, you should consult an experienced employment attorney to determine what your best legal and practical options are for dealing with the situation.
If there is no evidence that your employer is trying to fire you for illegal reasons and it's a matter of not getting along with them personally, then the only thing you can and should consider doing is looking for a new job before you are terminated, and at the same time look at other options, such as resigning in exchange for some type of severance in an appropriate situation when this can be an option.
What if you performance improvement plan is unfair and unjustified?
Most employees disagree with the PIP they receive. This alone however has no legal bearing or relevance to your situation. Your manager is entitled to his subjective opinion of your performance, however harsh it might be.
Should you write a rebuttal to your PIP?
Generally, writing rebuttals to PIP's is pretty much pointless and it doesn't have any legal or another significance. A very agressive rebuttal can also make things worse. For instance, if you "fire back" accusing the employer of being dishonest or incompetent, etc... this will only make your relationships with your employer worse.
So, what should you do when you are placed on PIP?
- The first question is whether there is any evidence that the real reason for your PIP or (upcoming) termination is illegal - i.e. the potential firing will be discriminatory or retaliatory. Do you have grounds to believve that PIP is just an excuse to get rid of you because of your race, age, disability, filing a workers comp claim, complaining about harassment or some other unlawful reason? If so, you should consult an experienced employment attorney to determine what your best legal and practical options are for dealing with the situation.
If there is no evidence that your employer is trying to fire you for illegal reasons and it's a matter of not getting along with them personally, then the only thing you can and should consider doing is looking for a new job before you are terminated, and at the same time look at other options, such as resigning in exchange for some type of severance in an appropriate situation when this can be an option.
What if you performance improvement plan is unfair and unjustified?
Most employees disagree with the PIP they receive. This alone however has no legal bearing or relevance to your situation. Your manager is entitled to his subjective opinion of your performance, however harsh it might be.
Should you write a rebuttal to your PIP?
Generally, writing rebuttals to PIP's is pretty much pointless and it doesn't have any legal or another significance. A very agressive rebuttal can also make things worse. For instance, if you "fire back" accusing the employer of being dishonest or incompetent, etc... this will only make your relationships with your employer worse.
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