Here is the first question many people ask after being told they are being placed on a performance improvement plan: What is a performance improvement plan? This is often the next question: Why?
In theory, a performance improvement plan (PIP) is a structured attempt to address issues that are holding employees back from succeeding on the job. In real life, they are often a significant step toward firing workers. Being placed on a PIP seemingly out of the blue can be confusing and stressful, especially for people who rely on their jobs to provide for themselves and their families. It is vital to understand how PIPs work and your rights regarding these plans.
Employers in California and across the country have broad authority to manage their workforces as they see fit. What employers cannot do, however, is use performance improvement plans and other measures to punish workers for engaging in protected activity, such as speaking up on the job.
At Justice Law Corporation, our California class action employment attorneys help working people across the state ensure that they are fully paid and protect their rights on the job. Our lawyers fight for people who are retaliated against for complaining about unlawful behavior, supporting coworkers who speak up, or otherwise blowing the whistle. We are seasoned litigators with a strong track record for holding large companies and other employers accountable, in and out of court.
Being placed on a PIP does not automatically mean you will be fired, but it is a serious situation that should get your attention. The PIP is a signal that your employer has concerns about your performance. It may also be a sign that you should start looking for a new job.
For people who are placed on PIPs after complaining about unlawful behavior – wage violations, discrimination, harassment, fraud, etc. – the move may be a warning that your employer wants you to stop making trouble.
That is where we come in. Our attorneys can help you understand your rights and options.
How Performance Improvement Plans Work
A PIP is typically a written plan in which an employer identifies specific performance problems and sets measurable goals for improvement over a period of 30 to 90 days.
When done well, a PIP will drill down to explain the specific deficiencies in a worker’s performance. That is true whether the problem is missed deadlines, failure to meet certain sales targets, poor communication, or frequent absences and late arrivals.
The plan should clarify the employer’s expectations to show what acceptable performance looks like going forward. That means including specific, measurable goals that the employee must meet, such as completing projects on time or achieving other productivity metrics. It also means spelling out the consequences, such as that failure to meet the outlined goals may result in further discipline, including termination.
Some employers will offer training, mentoring, or additional supervision to help an employee improve. Many PIPs include scheduled meetings to assess progress.
Employers officially tend to say that PIPs give workers a chance to improve their work. The plans also help employers show that they gave workers that chance before sending employees packing.
For an employee, being put on a PIP can feel like being placed under a microscope. The move can also raise questions about an employer’s true motivations when it comes after you file a complaint.
Is My PIP Illegal?
California is an “at will” employment state, meaning that employers can fire workers at any time for just about any reason, and employees are free to leave their jobs as they choose.
That does not mean there are no restrictions, however, on firings and preliminary moves such as performance improvement plans. Putting an employee on a PIP crosses the line into unlawful territory if it is discriminatory or done in order to retaliate against the worker.
State and federal laws generally protect workers in California against discrimination based on:
- Sex
- Race
- Age (over 40)
- National origin
- Religion
- Sexual orientation
- Gender identity
- Disability
A worker who can show that they were placed on a PIP under circumstances that suggest the move was discriminatory may have a claim. One way to prove discrimination is by showing that other workers who are not in the protected class were not placed on PIPs in otherwise similar situations.
A worker who gets a PIP after making a complaint may instead have a claim for unlawful retaliation. State and federal laws generally ban employers from taking a wide range of punitive actions against employees for exercising their rights.
Protected activity includes reporting discrimination, harassment, and other behavior to a boss or HR official, as well as filing complaints or lawsuits alleging that your rights were violated on the job. The protections against retaliation also extend to employees who testify on behalf of their colleagues or otherwise support coworkers’ complaints.
Retaliatory actions run a broad gamut, including demotions, scheduling or duty changes, and exclusion from projects or meetings, as well as performance improvement plans and firings.
To show that these kinds of moves are unlawful retaliation, you have to be able to connect them to your harassment reporting or other protected activity. Timing can go a long way: If you can show that you were placed on a PIP shortly after filing a complaint, for instance, that may suggest retaliation. That is especially true if you have been performing at the same level and have not previously been warned about issues with your work.
Our California Employment Class Action Attorneys Can Help
If you believe that your employer is violating your rights on the job, whether it is by being underpaid or in other terms and conditions, you do not need to go it alone. A California employment class action attorney at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Our office is conveniently located in Pasadena. Contact us at (818) 230-7502 to schedule a free consultation with a California employment class action attorney.
