Protecting the Rights
of Employees
of Employees
Performance Improvement Plans
What is a Performance Improvement Plan?
A Performance Improvement Plan (commonly called a “PIP”) is a document that outlines concerns about an employee’s performance and sets out specific goals to be met within a set timeframe, often 30, 60, or 90 days. Employers present PIPs as tools to help employees improve, but in practice they often really are used as a step toward termination. If you do not meet the PIP’s requirements, your employer may use it as a justification to fire you.
How Employers Use PIPs to Cover Up Discrimination or Retaliation
Although some PIPs can be legitimate, many employers use them to hide unlawful motives such as discrimination or retaliation. Instead of offering genuine support, a PIP may be written with vague or impossible goals that are designed to ensure the employee fails. For example, an employee who has complained about discrimination may suddenly be placed on a PIP that claims to address performance issues but really is intended to provide a paper trail to justify a termination decision.
A fair PIP should contain clear, realistic goals and provide the tools, resources, and time needed to meet them. When it does not, it can serve as evidence that the employer’s true intent was to push the employee out of the workplace for an unlawful reason. If you suspect this is happening to you, then consulting with a New Jersey employment lawyer can be a critical step to protect your rights.
Severance Offers Instead of PIPs
Some employers offer workers a choice: go on a PIP or accept a severance package. At first, this may sound like a fair option. However, severance packages usually require you to sign away your legal rights to sue for discrimination, retaliation, or other workplace violations. Employers use this tactic to convince employees to accept relatively small settlements to minimize the employer’s risk and avoid liability.
Before making such a decision, it is important to speak with an experienced New Jersey employment attorney. A lawyer can evaluate the severance offer, explain what rights you may be giving up, and help negotiate better terms if that is in your best interests.
Unfair Performance Evaluations and PIPs
A PIP is not the only way employers cover up discriminatory or retaliatory motives. Another common tactic is issuing poor performance evaluations that are not supported by evidence. These negative reviews create a record that an employer can later use to justify discipline or termination. Whether through a PIP or an unfair performance evaluation, these tactics can form the basis of a legal claim if the employer is using them to disguise discrimination or retaliation.
Protecting Yourself Against a PIP
If you are placed on a PIP, you can take steps to protect yourself:
- Request a written copy of the PIP so you fully understand its expectations.
- Document your employer’s actions and communications throughout the process.
- Gather evidence of your past positive performance reviews or achievements.
- Respond to vague or unfair requirements in writing to create a record of your concerns.
Taking these steps can strengthen your case if you later need to show that the PIP was a tool for discrimination or retaliation.
When to Seek Legal Guidance About a PIP
Being placed on a PIP can feel overwhelming and unfair, especially if you suspect it is motivated by discrimination or retaliation. While some PIPs may be legitimate attempts to help an employee improve, many are not. If you are unsure whether your PIP is fair or whether your employer is using it to support a pretext for termination, it is wise to consult with a Bergen County employment lawyer as soon as possible. An attorney can review the details of your plan, help you evaluate whether your employer has provided realistic goals and adequate support, and advise you on the best way to respond. Legal guidance also can help you decide whether to push back against the plan, document your concerns, or take other steps to prepare for a possible wrongful termination claim. Taking action early can make a critical difference in protecting your job and your future career opportunities.
Speak with a New Jersey Employment Lawyer
If you believe your employer is using a Performance Improvement Plan to push you out of your job unfairly, Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help. From our office in Bergen County, we represent employees across New Jersey who have faced unfair treatment, discrimination, and retaliation at work. You can call us at (201) 777-2250 or contact us online to schedule a consultation with a New Jersey employment lawyer who can review your situation and explain your options.
Learn More
If you are interested in reading about other employees who were fired after they had been placed on a PIP, see below: