A performance improvement plan (PIP) is a written document that provides guidance to an employee on how to improve performance or correct misconduct. A PIP identifies deficiencies, sets goals for improvement, and outlines consequences for failure to improve. While warnings are not always required, a PIP meeting should be held privately to deliver the PIP in writing, discuss the contents, and have both the employee and witnesses sign to acknowledge receipt. Progress is then monitored and documented until goals are achieved or consequences are imposed if improvement is not made.
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How to Administer A
Performance Improvement Plan
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2. • A written plan to improve
What is a “performance
improvement plan?” performance.
PIP – It documents observed
performance deficiencies
or misconduct of an
employee and
– Provides guidance as to
how the employee is to
meet the employer’s
expectations of
improvement.
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3. Unequivocal Notice to the
What is a “performance
improvement plan?” employee of the
PIP consequences for failure:
– to improve and/or
– meet those expectations.
A PIP is considered an end
stage disciplinary action;
i.e., improve or leave.
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4. What is the purpose of a • To:
“performance
improvement plan?” – Provide notice that the
PIP employee is not meeting
employer expectations;
– Articulate steps or give
instruction;
– Identify consequences for
failure to improve; and
– Set deadline for
improvement.
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5. No. The PIP need not be
Must a written or verbal
warning precede the PIP? preceded by a verbal or
PIP written warning to the
employee unless required
by:
-- Contract
-- Written Policy
-- Employer Past Practice
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6. Moreover, if the employee
Must a written or verbal
warning precede the PIP? is “terminable at will,” no
PIP verbal or written warning is
required, and no PIP need
be administered prior to
termination.
BUT: Juries like fair
treatment = notice and an
opportunity to improve.
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7. A PIP should be:
How is a PIP delivered to
an employee? • In writing; and
• Delivered in:
PIP
– a face to face;
– witnessed; and
– private meeting;
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8. A PIP must:
What should the PIP
contain? • Define the problem
• Be particular
PIP
• Identify rule, policy or
procedure, standard
violated
• State whether it is a
performance issue or a
behavior issue.
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9. A PIP must:
What should the PIP
contain? • Define duties or behaviors
PIP
to be improved;
• More than one issue?
Establish priority in
improvement;
• Set immediate, short term
and long range goals where
appropriate;
• Identify consequences.
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10. A PIP must:
What should the PIP
contain? Develop a plan of attack
• What steps must be taken?
PIP
• Who will assist?
• How and when is progress
to be measured?
• How is success or failure to
be determined and by
whom?
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11. There is no specific length
How long is the PIP to be
in place? defined by law.
PIP
• Long enough to:
– realistically achieve stated
goals.
– demonstrate employer’s
commitment and good
faith.
• Short enough to:
– encourage employee
diligence.
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12. • Who signs?
Who signs the PIP? – Supervisor who delivered
PIP the PIP;
– Witness to acknowledge his
or her participation;
– Human resources rep who
created or reviewed PIP
before it was given; and
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13. • Who signs?
Who signs the PIP? – Employee must be asked to
PIP sign the document.
– Supervisor must explain that
execution signifies:
• receipt of PIP;
• explanation given to
employee;
• Employee’s opportunity to ask
for clarification; and
• Employee’s commitment to
plan.
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14. If the employee refuses to
Who signs the PIP? sign the PIP, supervisor
PIP should note:
– “Employee Declined to
Sign” beside the blank
signature line.
– Write down the
employee’s reason if
given.
Inform employee of
consequences.
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15. • Yes, if it is signed.
Does the employee get a
copy of the PIP?
PIP
• No, if it is not signed
(unless the employee is
covered by a collective
bargaining agreement.
In that case, employee
may show the PIP to the
union representative).
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16. • Absolutely
Should the meeting be
documented? • The witness is a note taker.
• Record:
PIP
– Date, time, place, attendees
and length of meeting
– What was said by anyone in
the room as close to
verbatim as possible
• Document is factual not
editorial
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17. • The employee’s personnel
Where is the PIP stored?
file.
PIP
• Copy attached to the
meeting documentation:
– Documentation and copy
placed in a file separate
from personnel file.
– Separate file marked:
“Prepared in anticipation of
litigation.”
– Stored by HR or legal staff.
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Of course, nothing in California is that easy.
there are all sorts of factual twists that can
change the way this material applies in
Your particular situation.
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