Every employment position comes with certain performance expectations. Employees in manufacturing may need to hit certain productivity levels by processing a certain number of items per hour. Physicians may need to see a certain number of patients per day. Those in white-collar positions may be subject to intense scrutiny regarding the punctuality and accuracy of their work.
When employers take issue with a worker’s job performance, they may place that employee on a performance improvement plan (PIP). The idea is to help the worker meet company standards and retain their position. By addressing the worker’s shortcomings and providing a clear plan regarding how to address them, the company can help the worker grow to meet expectations.
However, in some cases, a PIP may be a means by which a company attempts to hide what is essentially unlawful retaliation.
Employers want protective paper trails
State and federal employment statutes protect the rights to engage in specific activities. For example, employees have the right to report an injury or sexual harassment on the job. They have the right to request unpaid medical leave in certain scenarios or to seek accommodations for medical limitations.
Employers typically cannot punish workers for knowing and making use of their rights. Unfortunately, plenty of employers resent workers who know their rights and they try to force them out of the company. A summary termination after reporting workplace issues would likely raise red flags, leading to litigation.
Companies may try to disguise their true motives by citing performance issues as the reason for taking action against an employee. They might create a questionable record of events to justify terminating or disciplining the worker, such as transferring or demoting them. If an employer puts an employee on a PIP shortly after they engage in activities protected by law, the employee may have good reason to worry about further consequences.
Keep records, protect your rights
To prove retaliation and hold an employer accountable, employees should document all interactions with management and any protected activities they engage in. If you’re concerned about losing your job in the aftermath of a suspicious termination or placement on a PIP, you may have grounds for a retaliation lawsuit. By keeping a record and seeking legal advice, you can protect your rights.