If your employer has presented you with a performance improvement plan (PIP), you may feel anxious about what it means for your job security. A PIP is typically given when an employer believes an employee’s performance is below expectations. However, it can also be a tool for documentation before termination. If you’re presented with a PIP, it’s important to understand what it entails and what signing means for you.

Should You Sign Your Performance Improvement Plan?

A performance improvement plan outlines specific areas where an employer believes improvement is needed, along with a timeline and measurable objectives. Some employers use PIPs as a genuine opportunity for employees to improve, while others may use them to create a paper trail leading to termination. Understanding the intent behind your PIP and your rights as an employee is essential before making any decisions.

The short answer is no—you are not legally required to sign a PIP. However, refusing to sign could lead to consequences, including termination, depending on your employer’s policies. Before making a decision, consider the following:

1. Signing Acknowledgment vs. Agreement:
   • Some employers include language stating that signing the PIP only acknowledges receipt, not agreement with its contents. If that’s the case, signing may not harm you.
   • If signing indicates agreement, request clarification or attach a written response outlining your concerns.
2. Assess the Fairness of the PIP:
   • Review the performance improvement plan carefully. Are the outlined concerns valid? Are the expectations reasonable?
   • If the PIP sets unrealistic goals or includes vague language, it may be a sign that your employer is building a case for termination rather than offering genuine improvement opportunities.
   • Compare your current PIP to past performance reviews. If you've received positive feedback but are now suddenly facing a PIP, question the timing and motive.
3. Consider Your Employment Rights:
   • If you believe the PIP is being used unfairly—such as a result of discrimination, retaliation, or wrongful termination—you should document everything and seek legal advice.
   • If you belong to a protected class (e.g., age, race, gender, disability) and believe you are being unfairly targeted, this could be grounds for a legal claim.
4. Negotiate or Respond in Writing:
   • You may have the option to negotiate aspects of the PIP before signing. If you believe certain goals are unreasonable, you can ask for modifications.
   • If you do not agree with the PIP, consider writing a response outlining your perspective, including any mitigating factors that may have contributed to performance concerns.

What To Do If You Believe Your PIP Is Discriminatory

If you suspect that your performance improvement plan is being used unfairly, take these steps:

1. Document Everything:
   • Keep copies of the PIP, emails, performance reviews, and any communications related to your job performance.
   • If you’ve received positive feedback in the past and are now suddenly placed on a PIP, compare past evaluations with your current situation.
   • Note any inconsistencies or shifting expectations that may suggest unfair treatment.
2. Seek Clarification from HR:
   • Ask for specific examples of poor performance and how success will be measured.
   • If the company refuses to provide clear benchmarks, it may indicate that the PIP is not meant to help you improve but to justify a termination.
   • Request that HR put any verbal discussions about the PIP in writing to ensure accountability.
3. Consult an Employment Attorney:
   • If you believe your PIP is based on discrimination or retaliation, legal advice is crucial.
   • An employment attorney can help you navigate the situation, determine if you have a case, and provide guidance on how to respond.
   • If you are terminated after receiving a PIP, an attorney can assess whether you have grounds for a wrongful termination lawsuit.
4. Prepare for Next Steps:
   • If you choose to stay and complete the PIP, keep thorough records of all interactions and completed tasks.
   • If you believe your position is at risk regardless of your performance, you may want to start exploring other job opportunities while preparing a legal response.

Protect Yourself and Your Career

Deciding whether to sign a performance improvement plan is not always straightforward. If you are facing a PIP, take time to assess its fairness, document your interactions, and seek legal advice if necessary.

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. Protect your rights and ensure your next step is an informed one.