how to administer a performance improvement plan
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Your personal shopper for HR news!
www.hrgazette.com Mary E. Wright, Editor
How to Administer APerformance Improvement Plan
www.hrgazette.com Mary E. Wright, Editor
What is a “performance improvement plan?”
• A written plan to improve performance. – 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.
PIP
www.hrgazette.com Mary E. Wright, Editor
What is a “performance improvement plan?”
Unequivocal Notice to the employee of the consequences for failure:
– to improve and/or – meet those expectations.
A PIP is considered an end stage disciplinary action; i.e., improve or leave.
PIP
www.hrgazette.com Mary E. Wright, Editor
What is the purpose of a “performance improvement plan?”
• To: – Provide notice that the
employee is not meeting employer expectations;
– Articulate steps or give instruction;
– Identify consequences for failure to improve; and
– Set deadline for improvement.
PIP
www.hrgazette.com Mary E. Wright, Editor
Must a written or verbal warning precede the PIP?
No. The PIP need not be preceded by a verbal or written warning to the employee unless required by:
-- Contract
-- Written Policy
-- Employer Past Practice
PIP
www.hrgazette.com Mary E. Wright, Editor
Must a written or verbal warning precede the PIP?
Moreover, if the employee is “terminable at will,” no 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.
PIP
www.hrgazette.com Mary E. Wright, Editor
How is a PIP delivered to an employee?
A PIP should be:• In writing; and • Delivered in:
– a face to face;– witnessed; and– private meeting;
PIP
www.hrgazette.com Mary E. Wright, Editor
What should the PIP contain?
A PIP must:• Define the problem• Be particular• Identify rule, policy or
procedure, standard violated
• State whether it is a performance issue or a behavior issue.
PIP
www.hrgazette.com Mary E. Wright, Editor
What should the PIP contain?
A PIP must:• Define duties or behaviors
to be improved;• More than one issue?
Establish priority in improvement;
• Set immediate, short term and long range goals where appropriate;
• Identify consequences.
PIP
www.hrgazette.com Mary E. Wright, Editor
What should the PIP contain?
A PIP must:Develop a plan of attack• What steps must be taken?• Who will assist?• How and when is progress
to be measured?• How is success or failure to
be determined and by whom?
PIP
www.hrgazette.com Mary E. Wright, Editor
How long is the PIP to be in place?
There is no specific length defined by law.• Long enough to:
– realistically achieve stated goals.
– demonstrate employer’s commitment and good faith.
• Short enough to:– encourage employee
diligence.
PIP
www.hrgazette.com Mary E. Wright, Editor
Who signs the PIP?
• Who signs?– Supervisor who delivered
the PIP;– Witness to acknowledge his
or her participation; – Human resources rep who
created or reviewed PIP before it was given; and
PIP
www.hrgazette.com Mary E. Wright, Editor
Who signs the PIP?
• Who signs?– Employee must be asked to
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.
PIP
www.hrgazette.com Mary E. Wright, Editor
Who signs the PIP?
If the employee refuses to sign the PIP, supervisor should note:
– “Employee Declined to Sign” beside the blank signature line.
– Write down the employee’s reason if given.
Inform employee of consequences.
PIP
www.hrgazette.com Mary E. Wright, Editor
Does the employee get a copy of the PIP?
• Yes, if it is signed.
• 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).
PIP
www.hrgazette.com Mary E. Wright, Editor
Should the meeting be documented?
• Absolutely• The witness is a note taker.• Record:
– 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
PIP
www.hrgazette.com Mary E. Wright, Editor
Where is the PIP stored?
• The employee’s personnel file.
• 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.
PIP
Your personal shopper for HR news!
www.hrgazette.com Mary E. Wright, Editor
Of course, nothing in California is that easy.there are all sorts of factual twists that canchange the way this material applies in Your particular situation.
Send questions or comments to:Mary Wright, Editor, HR Gazette
Your personal shopper for HR news!
www.hrgazette.com Mary E. Wright, Editor
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