Counseling Employers About Performance Improvement Plans
Law360
March 21, 2016

Partner Barbara Hoey authored the Law360 article, “Counseling Employers About Performance Improvement Plans,” regarding the proper use and implementation of performance improvement plans (PIPs).  PIPs are a great tool to use when an employee’s work is not meeting standards. It is particularly useful with exempt or management staff, when deficiencies are sometimes subjective and hard to define.  The goal of a PIP is to lay out the performance problems, and give the employee some specific timeline to fix those problems – making clear that if not fixed, termination may follow.  The employee should clearly understand their performance problems and have a meaningful stake in resolving them.  A well-written PIP should serve to both increase the transparency of your disciplinary process, as well as to minimize legal claims. Barbara discusses recommended elements of PIPs, considerations in evaluating PIPs, and how employers should deliver and implement PIPs to employees.