If your employer has given you a performance improvement plan–also known as PIP–take a breath. A PIP is a serious warning from your employer but not a termination. A PIP can simply signal the need to improve your performance at work. But it may be part of the paper trail the employer is establishing before terminating your employment. In either case, it is important that you understand how to proceed after receiving a performance improvement plan from your employer. In some cases, you may need to consult with an Ohio employment attorney to protect your rights.

What Does Your PIP Signal?

A well-intentioned performance improvement plan provides specific areas where you need to improve, plus a reasonable timeline, measurable performance goals, and clear consequences. It provides an opportunity for you to improve your performance to meet the employer’s expectations and safeguard your employment status. But sometimes, a PIP is the employer’s way of beginning documentation before firing you. They may even be building a case to prove that they fired you for “just cause.” If the employer can meet this burden of proof in the unemployment context, you may be denied unemployment benefits after your employment is terminated. Determining the employer’s true purpose in issuing the PIP is key. It is important to note that while you are not legally required to sign a PIP, you may face consequences for choosing not to sign it. This may even include termination if that is your employer’s policy.

How to Respond to a PIP

Remember, the first thing to do after receiving a PIP is to take a breath. Then, begin the process of carefully reviewing the PIP and consider how you want to respond to it.

Signing a PIP

There is a difference between an acknowledging receipt of the PIP and agreement to it. Read the PIP carefully. Oftentimes, the PIP specifies that signing the PIP only acknowledges that you have received the PIP, and not that you agree with it. If this kind of language is present in the PIP, signing may not be harmful.

On the other hand, if signing the PIP indicates your agreement with it or it does not specifically address the issue of acknowledgement vs. agreement, consider asking for clarification before signing it or, if allowed, attaching a written response to the PIP that expresses your issues with it. If your employer offers the opportunity to negotiate the PIP before you sign it, you can request changes to the PIP if you believe any of the terms are unreasonable.

Evaluate the PIP for Fairness

Take the time to carefully–and honestly–review the PIP. Are your employers' concerns legitimate? Are their expectations reasonable? Do you have room for improvement?

Exercise Your Legal Rights

Ohio law protects workers against discrimination, retaliation, and wrongful termination. If you believe the employer is using the PIP for any of these purposes, document everything and seek legal advice right away. You may have a legal case against the employer.

Four Steps You Can Take to Protect Yourself

If you believe your performance improvement plan is unfair or discriminatory, take these four steps to protect your rights:

1. Begin Documenting Everything:

• Keep a copy of the PIP, as well as any other written communications (including emails) related to your job performance.
• Take detailed notes during any phone calls or in-person meetings about your job performance. Include the date, time, who you spoke with, and your understanding of the conversation.

1. Ask HR for More Information:

• Request copies of all of your past performance evaluations if you have not kept copies yourself. Compare your performance evaluations and note any discrepancies among them that might indicate unfair treatment.
• Request performance benchmarks: specific examples of your poor performance and how performance is measured. If the company refuses to provide performance benchmarks, it may indicate that the PIP is not meant to help you improve but to justify a termination.
• Ask HR to provide you with written summaries of any verbal discussions about the PIP.

1. Consult an Ohio Employment Attorney:

• An employment attorney will assess your situation, determine if you have a case, and provide legal guidance on how to proceed.
• Legal counsel is critical if you believe your PIP may be based on discrimination or retaliation.
• If your employer terminates your employment after issuing the PIP, an employment attorney can determine if filing a wrongful termination lawsuit is appropriate.

1. Proceed with Caution:

• If you choose to stay with your employer and complete the performance improvement plan, keep detailed notes about all of your PIP interactions and completed tasks.
• If you choose to stay with your employer but believe your employment is at risk regardless of completing the performance improvement plan, you may want to start looking for a new job and consult with an attorney to prepare a legal response.

You Do Not Have to Face Your Employer Alone

Receiving a PIP from your employer can be an upsetting experience. Deciding how to respond to a PIP can be challenging. Ohio workers do not have to face this situation alone. If you received a PIP, take time to assess its fairness and begin documenting all of your interactions with your manager. If you believe you are being unfairly targeted or discriminated against in your PIP, Lalak LLC can help. Contact our employment law team to discuss your situation and explore your legal options. Arm yourself with the information you need to protect your rights and your career.