If the performance failure is a one-time event, it may be too soon to implement a PIP, said Katherine Rigby, an attorney with Epstein Becker Green in Boston. "However, if an employee is experiencing repeated or multiple performance deficiencies, a properly structured PIP can effectively provide the necessary road map and support to meet performance objectives."
Immediate termination may be appropriate for egregious misconduct. If implementing a PIP, employers should clarify the plan doesn't change the at-will nature of employment.
"A PIP should be used primarily to facilitate improved performance by identifying deficiencies while providing an opportunity for improvement and success," said Timothy Ford, an attorney with Einhorn Barbarito in Denville, N.J. "At the same time, a properly drafted and implemented PIP can serve to justify legitimate business reasons for termination and provide evidence of performance-related issues and failure to improve."
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PIPs: Time, Write and Implement Them Precisely
SHRM | Feb 2023
How to Establish a Performance Improvement Plan
SHRM How-to-Guide
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More About PIPs
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Examples
Forms
SHRM Performance Improvement Plan (PIP #1)
SHRM Performance Improvement Plan (PIP #2)
University of Central Arkansas Template: Performance Improvement Plan
ERC Performance Improvement Plan Checklist
The Balance Performance Improvement Plan: Contents and Sample Form
Policies
Drexel University Performance Improvement Process
Duke University Standards of Conduct & Performance/Corrective Action Policy
Guides
City of Milwaukee Employee Job Improvement Plans
Ohio State University Performance Improvement Process
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