Performance Improvement Plans are scary things. They are designed to create fear and uncertainty. Often, they mean that an employee has fallen into disfavor. They are frequently the first step towards "creating a record" to terminate an employee for alleged poor performance.
John A. Gallagher is an Experienced Employment LawyerWho Has Litigated Discrimination, Retaliation and Wrongful Discharge Lawsuits in Chester County, Delaware County, Montgomery County and Philadelphia County
The first thing you should never do is quit your job when confronted with a PIP. In many cases, that is what the company wants you to do. Why? Because you cannot get unemployment if you quit your job under such circumstances. However, if you carry on, and are fired for alleged "poor performance," you can almost always get unemployment benefits.
The Gallagher Law Group Focuses Almost Exclusively on Helping Individuals Who Are Having Problems at Work in Communities Such as Malvern, Paoli, Exton, Downingtown, Blue Bell, Lansdale, Royersford, Pottstown, Doylestown, Phoenixville and Reading
If you are confronted with a PIP, the best thing to do is to consider talking with an attorney so that you can learn employment laws and determine whether the PIP is being offered for a discriminatory reason, or in retaliation for a protected complaint or claim you made in the past. Some typical complaints that give rise to retaliation are claims for workers compensation benefits, overtime, requests for Family Leave, requests for an accommodation for a disability, complaints of sexual harassment, or claims that you are being treated differently than others because of your age, sex, race, religion, disability, etc. If you believe the PIP is being offered for such a discriminatory or retailiatory reason, you should strongly consider seeking counsel at once.
If you believe the PIP is unfair or unreasonable (but not discriminatory or retaliatory), you probably need to start by accepting that fact, start looking for another job and doing your best to hang in there and document your efforts to comply with the PIP.
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