Navigating Performance Improvement Plans (PIPs) in the Workplace
Understanding Performance Improvement Plans (PIPs)Performance Improvement Plans, commonly known as PIPs, can take on various meanings in the workplace. On one hand, they serve as constructive guides for enhancing job performance. On the other, they may signal an employer's intent to terminate employment. While there may not be a specific legal remedy for being placed on a PIP, it's crucial to explore your legal rights if you suspect any unlawful motives behind it.
Performance Improvement Plan - Unmasking the True MotiveOptimizing Performance or Hidden Agenda? Determining the real reason behind being placed on a performance improvement plan is pivotal. If the concerns raised align with your performance history and seem valid, it might be a legitimate attempt to help you improve. However, if it feels sudden, unjust, or untrue, consider whether other factors triggered this action.
Protected Activities and Retaliation Have you recently taken family medical leave, reported workplace harassment, or raised concerns about your compensation? These activities are protected by law, and if your PIP is a reaction to any of them, it could be considered retaliation. Similarly, if colleagues in similar roles who do not share your characteristics are not placed on a PIP, it might be discriminatory, especially if you belong to a protected class under state or federal discrimination laws. Navigating the Performance Improvement PlanResponding to the PIP Upon receiving a PIP during a meeting, it's acceptable to request time to review and reflect on its contents. This pause allows you to objectively assess the feedback and the feasibility of meeting the stated goals. When asked to sign the plan, ensure it signifies receipt rather than agreement.
Addressing Concerns If you suspect retaliation or discrimination, promptly communicate your concerns to human resources or the relevant authority within your organization. A concise statement expressing your apprehensions is adequate. Meeting PIP Goals Whether you believe the reasons behind the PIP are legitimate or not, diligently strive to meet the goals outlined in the plan if they are attainable. Fulfilling these objectives is crucial to safeguarding your position. Failure to do so may provide your employer with a defense against potential claims. When to Seek Legal CounselUnderstanding the Legal Landscape Receiving a performance action plan or a negative review alone doesn't warrant a lawsuit, regardless of the underlying reasons. Termination, if it occurs, can be considered an "adverse employment action," and you can pursue a claim if unlawful motives are suspected.
The Pre-Termination Phase The period between receiving a PIP and termination is legally intricate. While an attorney might not prevent your termination if your employer is determined, legal counsel can provide guidance on documenting relevant information and communicating your concerns within the organization. Legal Assessment and Peace of Mind Consulting an employment lawyer before termination can provide valuable insights into your situation. They can help you understand your rights, potential claims, and the best course of action. Having legal support on standby offers peace of mind during this uncertain phase. |
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Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, workplace sexual harassment situations, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination, harassment and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, discrimination, harassment and retaliation claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, harassment, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination, harassment and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
Our experienced employment law team can provide guidance and support if you suspect your PIP is unjust or motivated by unlawful reasons. We'll help you assess your situation, document concerns, and protect your rights. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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