Getting a Performance Improvement Plan (PIP): What To Do  

In my previous article, “Getting a Performance Improvement Plan (PIP): How to Try to Determine if It Is Not Sincere,” I addressed the question of whether the PIP was meant to give you a chance to improve or merely a pretext for getting you out the door. But whether your PIP is sincere or not, try your best to meet its requirements. Your effort can increase self-respect, help you keep your job or strengthen your legal case if you’re terminated or demoted.

You may have many negative feelings after receiving a PIP. You may:

• Fear losing your job. Your office may have literally threatened your job by writing in the PIP that failure to successfully complete the PIP will lead to your termination.
• Feel hopeless. For many people, a PIP results in job loss. That can be discouraging knowledge.
• Be dumbfounded. You may not have known there were real problems, or what they were, before you received your PIP.
• Be angry with your boss. A PIP could damage your relationship with them.
• Feel undervalued, inadequate, or both. A PIP can feel like a vote of low confidence, and be a blow to your morale.
• Feel embarrassed and shame. A PIP can come as a surprise and damage your self image as a good worker. You may worry that people will think less of you because of your PIP.

Your office may ask you to sign your PIP. Signing it does not mean that you agree to what it says. If you do not sign the PIP, your office might view your action as insubordination and could fire you. In Cole v. State of Illinois, the United States Court of Appeals for the Seventh Circuit upheld the right of an employer to fire a worker on the basis of the employee’s refusal to sign a PIP.

If you disagree with your PIP, you should still sign it, but you can add:

• A brief sentence when you sign your PIP about why you disagree (i.e., you feel that you are the subject of discrimination). Your statement shows that you are complying with the PIP, creates a written record, and can be used to support a legal claim.
• A factual statement that describes your objections. This statement could be evidence in a legal case.

Try to complete the PIP. Take it seriously. Do not give up. You can go to Human Resources and challenge PIP goals that may be subjective. Consider that your employer may actually be trying to help you. If you do what you are supposed to but still are fired, you may be able to prove wrongful termination.

Do not quit your job. If you quit, you may undermine your position in any potential legal case, as your employer could say that it was not necessarily going to fire you.

Aside from just completing your PIP, try to be the best employee possible. Doing so may be very challenging if you’re angry or afraid that you may lose your job in the near future. However, being exceptional in your job performance could improve your self-esteem, make your employer reconsider and strengthen a potential legal case.

Your office could interfere to make it harder for you to finish your PIP or meet its goals. Those actions could strengthen your legal case for employment discrimination or wrongful termination.

As you approach the end of your PIP period, you may see some red flags. For example, your managers may act in unusual ways that could signal an intent to terminate you as soon as your PIP ends. However, it’s still in your best interest to continue trying to keep your job.

Meanwhile, you may want to:

• Tell your loved ones about your PIP. Show them your PIP.
• Keep records of what is happening, including the plan itself, any statement you submitted to your office about it, your notes during meetings and any e-mails about the PIP.
• Learn about your rights under federal, state, and local laws.
• Meet with an employment lawyer who is familiar with PIPs.
• Apply for jobs. An offer for a new job could let you leave on your own terms, without a gap in income or employment. Most employees who are given a PIP leave their jobs within a year regardless of the result of the plan.
• Get professional mental help. A counselor can provide support to help you through this challenging time. 

You may not want to pursue a legal case. However, it may still be useful to learn about your legal rights in case you change your mind.

Try not to feel at a complete loss because of your PIP. You may end up thriving in a different office that appreciates your strengths and talents.  

Miriam Edelman, MPA, MSSW, is a Washington, D.C.-based policy professional. Her experience includes policy work for Congress. Miriam’s undergraduate degree is from Barnard College, Columbia University, with majors in political science and urban studies. She has a master’s in public administration from Cornell University, where she was inducted into the national honorary society for public administration. She has a master’s of science in social work (focusing on policy) from Columbia University. She is a commissioner of the DC Commission on Persons with Disabilities. Miriam aims to continue her career in public service. She is especially interested in democracy, civic education, District of Columbia autonomy, diversity, health policy, women’s issues, and disabilities.

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