A PIP, short for Performance Improvement Plan, is a tool that employers use to document an employee’s alleged performance issues.  While employers will claim that PIPs are issued to help an employee’s performance get back on track, they often feel like they are issued to set up an employee for termination.  Many PIPs will contain false allegations and/or unreasonable goals that are required to complete the PIP.

The fact that a PIP may be unfair, does not necessarily mean that the PIP is unlawful. However, if the PIP is being issued to discriminate or retaliate against an employee, there is a chance the PIP is issued unlawfully.  For example, we often see PIPs issued in retaliation to an employee request a medical or maternity leave or following an employee complaining about discrimination or sexual harassment.

If you believe you have been issued a PIP that it unlawful, it is important that you document your concerns in writing (email is best) to your employer’s Human Resources department or upper management.  When documenting your concerns, you should point out any allegations in the PIP that you disagree with and any goals that you believe are unreasonable and why.  You also want to provide specifics as to why you believe the PIP is being issued for discriminatory or retaliatory reasons.

If you believe that you have been issued a PIP unlawfully and are being set up for termination, please contact our firm as we would be happy to provide a free case evaluation.