Employers sometimes use performance improvement plans (PIPs) as a tool to help employees improve. However, PIPs can also be misused as a form of retaliation. Understanding how this happens can help employees identify unfair treatment and protect their rights.
PIPs as a pretext for termination
Employers can misuse PIPs by using them as a pretext for termination. Instead of genuinely helping the employee improve, the employer may create unrealistic goals or vague performance standards. This allows them to set the employee up for failure, making it easier to justify termination later.
Creating impossible standards
Employers may retaliate by including unreasonable or unattainable goals in the PIP. These goals can make it almost impossible for the employee to meet expectations, regardless of their effort. This misuse of a PIP may be a way to punish an employee who has filed a complaint or exercised their rights.
Failing to provide support or feedback
A legitimate PIP involves support and regular feedback from the employer. However, when used as retaliation, the employer may fail to provide the necessary resources or refuse to offer constructive feedback. This leaves the employee in a position where improvement becomes nearly impossible, making failure inevitable.
Targeting employees who assert their rights
Employees who have reported discrimination or harassment may find themselves suddenly placed on a PIP. This can be a tactic to retaliate against the employee by undermining their position at the company. The sudden implementation of a PIP following a complaint often indicates retaliation.
Employees should pay attention to whether a PIP feels punitive rather than constructive. They have the right to seek advice from an attorney if they believe a PIP is being used as retaliation. Understanding these warning signs can help employees protect themselves from unfair treatment.