Can Performance Improvement Plans (PIPs) Be Used to Hide Workplace Discrimination?

In this article, you will discover:

• Why Florida employers use performance improvement plans.
• Whether performance improvement plans can be used in a discriminatory or retaliatory manner.
• The warning signs to look for that a performance improvement plan is being used unfairly.

Why Do Employers Use Performance Improvement Plans (PIPs)?

Performance improvement plans are typically intended to give everyone involved a clear understanding of your employer’s concerns regarding your performance. They also set the specific benchmark for improvements necessary to create an ongoing, harmonious relationship between you and your employer.

Can A Performance Improvement Plan Be Used In A Discriminatory Or Retaliatory Manner?

Performance improvement plans absolutely can be discriminatory or retaliatory. Sometimes, an employee feels as though they’re given a performance improvement plan that’s almost impossible to achieve. As a result, the employee feels that they’re being set up for failure.

However, an employer may still claim that you weren’t discriminated against or retaliated against because of any protected quality that you possess, disclosure you made, or anything else that would protect you under the law. Instead, they claim you were terminated or demoted because you failed to meet these specific performance bars.

The relevant legal analysis here is whether the performance improvement plan requires substantially different benchmarks for you than for other non-protected employees. Specifically, the law considers whether you are being singled out with greater expectations than your otherwise non-protected peers.

What Warning Signs Should I Look For If I Believe A Performance Improvement Plan Is Being Used Unfairly?

Typical warning signs that a performance improvement plan may be designed for you to fail rather than improve are that the number of potential improvement areas is too numerous or the timeframe for improvement is too short,

In that circumstance, if you’re faced with what you perceive as an impossible burden or an impossible task, you should confer politely and freely with the employer about realistic goals. In that conversation, you’ll need to explain why you believe the PIP’s goals are unrealistic.

Attorney Matthew Romanik is a skilled lawyer based in Daytona Beach, Florida, who has helped countless clients like you navigate the intricacies of workers’ compensation law. Practicing since 1995, he is prepared to advise and assist you if you feel your performance improvement plan is proof of discrimination or retaliation.

Still have questions? Ready to get started? Contact Working for Workers today to schedule an initial consultation.

What Documentation Should I Keep After Being Placed On A Performance Improvement Plan?

If you agree to the plan, it’s crucial to keep a record of any comments, grades, feedback or assessments along the way or in the interim so you can track your progress, see if you’re on track and identify weak spots where you can work harder to improve.

What Mistakes Should I Avoid While Participating In A Performance Improvement Plan?

Be on your best behavior. If you’re already being hyper-scrutinized, do everything that you can to avoid providing ammunition that would lead to increased or additional criticism.

When Should I Consult A Florida Employment Attorney About A Performance Improvement Plan?

It’s always worthwhile to get legal guidance early on so you can have useful ideas about how to address your workplace situation best, if you choose to stay. It’s always better to get advice sooner than to wish you had asked for advice later.

Still Have Questions? Ready To Get Started?

For more information on performance improvement plans in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (386) 229-3722 today.