Many employees are familiar with the concept of warnings and performance improvement plans (or “PIP’”) in the workplace. It can be difficult, however, for employees to know how to appropriately respond when a manager or human resources presents an employee with a verbal or written warning or a PIP.
It’s important to understand first how employers use warnings and performance improvement plans. A warning or a PIP can be part of what is known as “progressive discipline.” Progressive discipline is a process that leadership of companies and human resources use of escalating steps. These steps, such as a warning or PIP, are used to document and potentially correct what the employer considers to be poor performance or inappropriate conduct.
Many employee handbooks have a progressive discipline policy. The escalating steps can include verbal warnings, written warnings, final warnings, performance improvement plans and termination of employment. Many handbook policies, however, provide that the company does not need to follow the series of escalating steps, but may move directly to a more severe step, including termination, in the company’s discretion.
A performance improvement plan typically has a short time frame – 30, 60 or 90 days- for showing improvement. The company often states directly in the plan that it may terminate employment before the conclusion of the time frame. Many performance improvement plans are very subjective, without actual deliverables. This leaves the manager with discretion to say that the employee didn’t meet the plan. Alternatively, other performance improvement plans may have many deliverables in a very short time frame. The goals and deadlines here may seem nearly impossible to meet.
An employee’s options may narrow if they are moving through an escalating progressive discipline process. It can therefore be helpful to meet with an employment attorney as soon as possible. An employment attorney can review and screen for any issues of discrimination or retaliation and can advise on how to respond to a warning or performance improvement plan.
A manager or supervisor is typically working with HR and even the company’s attorneys throughout this process. Employees can, of course, hire their own attorney for individualized advice. Our firm works with employees who have received warnings or performance improvement plans to provide advice, support, and discuss options going forward. To learn if we could potentially assist you, contact us at 617-936-1580 or email us at [email protected]
The Not So Fine Print:
Every case has unique facts. Before you take any action, you should contact an employment lawyer and get advice on your own situation. We can’t provide legal advice here and this isn’t intended as legal advice. Keep in mind that it is best, if possible, to establish a relationship with an attorney before a workplace issue turns into a full-blown crisis.