This essay as told is based on a conversation with Craig Levey, an employment lawyer and partner at Bennett & Belfort, PC, a law firm based in Cambridge, Massachusetts. The following has been edited for length and clarity.
In my experience as an employment lawyer for 12 years, performance improvement plans, or PIPs, result in termination in most cases. Although there are circumstances in which an employee survives PIP and continues to work there, these situations are rare.
Many companies use PIPs to document the file; they document the areas in which that employee is deficient, and then once the PIP is complete – or sometimes even sooner – they fire the employee and say, “As we pointed out in the PIP, things were not going well well in certain areas. I don’t feel like you’ve improved, so we’re going to part ways with you.”
PIPs are also a tool for companies to prevent litigation because they can then argue that they did not terminate the employee due to discrimination, retaliation, or sexual harassment, but rather because of their performance .
When an employee receives a PIP, I suggest they follow three steps.
1. Read the PIP very carefully
Many people are so shocked to receive a PIP that they don’t take the time to take a deep breath, sit down, and read it.
You want to understand the language used in the PIP and what the expectations are. If you need clarification because there isn’t enough information, you should go back and ask your company your questions and see if they offer any support, such as one-on-one meetings with your supervisor.
2. Decide if the PIP is reasonable
Once you’ve read the PIP, ask yourself: Is this PIP designed for me to fail, or is it reasonable?
A good PIP should be very clear about the areas in which the employee is expected to be deficient. Within a reasonable time frame, he must explain how this employee will improve and offer support such as regular meetings with his supervisor.
A bad PIP is very short and does not articulate areas in which the employee needs to improve, so the employee remains confused and does not know what is being asked of them. Either no deadline is set, or the deadline is unreasonable and no support is offered to help the employee improve.
After receiving a bad PIP, the employee leaves confused or feeling unreasonable. Typically, when an employee receives a bad PIP, it means the company doesn’t want them to improve. It’s just a tool to pave the way for termination.
3. Decide if you should respond
If, after reading your PIP, you feel that it is quite reasonable and that you can meet the requirements in the time allocated, you do not need to respond. Just move on and focus on working on what is needed and meeting the stated requirements.
But sometimes there are unfair PIPs with demands that even the best employee in the world will never be able to meet. If the PIP is unrealistic or unreasonable, then you need to take action.
If you decide to respond, email your supervisor or HR and explain why this is unreasonable. Maybe the lead time isn’t long enough, expectations are unattainable, or the company doesn’t offer any support.
By explaining why the PIP is unreasonable, it can protect your interests a little in the event of future dismissal.
Is PIP a retaliatory measure?
You should also consider whether the PIP constitutes retaliation. Many companies issue a PIP in retaliation for the employee complaining about something illegal in the workplace or taking leave for disability or pregnancy, which is protected by the Family and Medical Leave Act (FMLA ).
The leave is there for a reason. If you have a disability, mental health issues or are pregnant, then you should use your leave options, as that is precisely what they are for.
Unfortunately, I always see that companies perceive employees who take leave as a burden. Companies don’t like having someone unemployed and having to take on these tasks, either by hiring someone to replace them or by having someone else take on these tasks.
This happens too often in the United States. When you look at other countries around the world – how they value time off and how much time they give people – there’s more emphasis on quality of life than the American way, which focuses on “work.” . American companies place much more importance on the bottom line and profits, and less on the well-being of their employees.
If you believe your PIP is due to your company’s retaliation against you, you can respond in writing; express what you believe the PIP is in retaliation for and explain the illegal conduct. Keep a copy of this email so that in the event you are terminated in the future, you will have the record for litigation purposes.
When I speak with clients, I look at the bigger picture because in many cases I see a situation where an employee has been a high performer for many years and received good performance reviews, but he s then complained about something illegal or took protective measures. medical leave and all of a sudden they received PIP.
For me, this doesn’t add up. You don’t suddenly become a poor performer when you have a documented history of strong performance reviews.
It is better for companies to work with their employees rather than using PIPs
My philosophy is that it is better for supervisors to sit down, talk to the employee and nip problems in the bud as soon as they recognize potential deficiencies and address them immediately rather than letting things fester.
Most companies have already decided to terminate an employee by the time they reach a PIP. If I ran a business, I would not issue a PIP. I would simply sit down with the employee once or twice and sincerely explain how I wanted them to improve. You can always keep a written record by sending a follow-up email describing what was discussed and areas for improvement.
The mentality around PIPs should change. Companies should want their employees to improve and address issues early on rather than simply issuing PIPs at the end of employment and then terminating their employment.
If companies issue PIPs, they should only be implemented or issued after supervisors have already spoken to employees about these issues. PIPs should be authentic, clear, and express what they want the employee to improve on. They should give employees the opportunity to improve. I don’t think companies should use PIPs for the sole purpose of protecting themselves against possible future problems.
If you or someone has been subjected to a PIP and would like to share your story, email Jane Zhang at janezhang@businessinsider.com.
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