Can You Be Fired After Being Put on a PIP (Performance Improvement Plan)

Being placed on a Performance Improvement Plan (PIP) can be a stressful and disheartening experience for employees. It signals that their employer has concerns about their performance and can be taken as an opportunity to prevent termination. However, depending on the employer, it can also be the first step of getting fired. 

If a California worker was fired after being put on a Performance Improvement Plan, they may be wondering whether their termination was lawful and if they have any recourse.

What Is a Performance Improvement Plan (PIP)?

A Performance Improvement Plan (PIP for short) is a formal document issued by an employer that outlines specific areas where an employee’s performance is deemed unsatisfactory. 

It typically includes descriptions of areas where the employee is not meeting expectations, clear objectives that they must achieve, a timeline where they must demonstrate improvement, and a list of resources that they can easily access in order to succeed. 

Employers often claim that PIPs are meant to help employees improve and succeed in their roles. However, they are sometimes viewed as a precursor to termination. Despite some preconceived notions, being placed on a PIP does not guarantee termination, but instead acts as a genuine means of employee development. 

Common Reasons for Being Placed on a PIP

There are a variety of reasons for employees to be placed on a PIP, however, the most common reasons tend to be based around performance issues, behavioral concerns, and even changes in job requirements. 

As a result, employees who consistently fail to uphold standards, meet deadlines, come in tardy, or even struggle to adapt to a new role or a series of responsibilities can be placed on a PIP. 

However in some severe cases, a PIP may be used as a way to document alleged shortcomings and justify a termination. 

Can You Be Fired After a PIP?

Getting fired after being placed on a PIP is not uncommon, because employers are not legally obligated to retain an employee should they fail the PIP. If anything, employees who do not pass or fulfill the requirements of a PIP are highly susceptible to termination because they are not able to effectively adapt and perform the necessary job functions. 

However, the only instances where an employee cannot be fired after a PIP  would be if the plan was intentionally designed to be unfair.  

For example, any PIP with unrealistic goals that are either vague, overly ambitious, or practically unattainable within a reasonable timeframe can serve as a pretext for wrongful termination. In addition, any lack of support and failure to provide promised resources can be a breach of contract, which can be unlawful. 

In the most severe circumstances, reckless and negligent employers may use a PIP to retaliate against employees who have raised genuine concerns, or filed reasonable complaints. Retaliation can serve as reasonable grounds for the employee to file a claim with either the EEOC or with an employment attorney.

Legal Protections for Employees

While employment laws may vary by jurisdiction, there are several legal protections that may apply to employees who were fired after a PIP. For example, any termination that was based on discrimination, retaliation, or violation of a contract is regarded as unlawful, according to California and National Employment laws. Thus, the terminated employee can file a claim and recover compensation for the negligence and/or ill will of their employer. 

Considering that employment in California is “at-will”, meaning that employers can terminate employees for any reason as long as it is not illegal, can make claims more difficult. They usually require a significant amount of evidence to prove.

It is vital that employees take special precautions and measures to ensure their chances of recovering compensation. 

Steps to Take If You’re Fired After a PIP

If an employee believes that their termination was unfair or unlawful, it is recommended that they request documentation of their PIP and any records related to it, such as performance reviews, written feedback, and emails.

Once all of the necessary documentation has been gathered, it is recommended to consult with an experienced employment attorney to determine whether or not there is a valid claim. 

Should the termination show any signs or patterns of discrimination or retaliation, an attorney can file a wrongful termination claim and a complaint to the EEOC to get started on the process of recovering compensation for unlawful termination. 

What To Do If You Were Unjustly Fired After Completing Your PIP

Employees who were unjustly fired after being placed on a PIP may experience a sense of defeat and dissatisfaction, but it does not mean it is the end for them. Lawyers for Justice, PC is a law firm that specializes in employment law and is committed to fight for those who experienced injustice in the workplace. With years of experience fighting against Fortune 500 companies, the legal team at Lawyers for Justice, PC can help get workers the justice and compensation they deserve. 

To schedule a free case consultation, call (818) 647-9323 today!