Have you been placed on a Performance Improvement Plan?

Have you been placed on a Performance Improvement Plan?

| Jul 19, 2021 | Employment Law |

A Performance Improvement Plan is a formal document that tells you what kinds of deficiencies you have as an employee. This plan also includes steps for you to take to turn those performance issues around, so that you may keep your position at the company without further penalties.

Performance Improvement Plans have five parts. These include:

  1. Identifying how the employee is deficient and what the acceptable performance levels are
  2. Measurable, achievable, specific objectives
  3. Time-bound, asking that the employee improves within a specific amount of time, usually under 90 days
  4. Must discuss the role that the manager should play in the employee’s successful completion of the plan
  5. State what penalties the employee will face if they don’t improve or meet their objectives

Many employees don’t see this plan in a positive light, even though it should, technically, be a roadmap for improving and staying in a position.

Is it possible for the Performance Improvement Plan to be discriminatory?

Yes. It’s possible that the plan could, in some way, impact your ability to advance in the company or your compensation, which could be discriminatory or retaliatory. Some employees have claims that these plans set them up to fail by setting specific objectives that may have been achievable by some workers but not them due to their scheduled hours or the length of time they were given to improve. Others may say that they faced the Performance Improvement Plan only after reporting discrimination or harassment in the workplace.

Discrimination or retaliation may both be indicated in cases where all of the person’s previous reviews were positive or in situations where the PIP is not reasonable and is significantly different from the plan given to another person in a similar situation.

If you’re facing trouble at work with a Performance Improvement Plan and believe that you’re being retaliated or discriminated against, it’s important to get more legal information to help yourself. You may be facing unfair treatment because of the complaints or reports you’ve made or just because someone in the workplace doesn’t like you. That’s unfair and should be addressed.