Performance Improvement Plans That Hold Up: A Defensible, Dignified Eight-Step Process
"A performance improvement plan must be fair, specific in identifying shortcomings, and provide a reasonable chance to improve."
What it was about
PIPs have a bad reputation, but they're a valuable tool when built with specific, documented, achievable standards. Done right, they give employees fair notice and a genuine chance to improve, while giving employers strong legal protection if a termination is later challenged.
By the numbers
Key notes
- Write PIPs with specific, tangible incidents (exact dates, missed targets, error counts) rather than vague labels like 'bad attitude' or 'poor performance.'
- Give employees at least 30 days to improve, with 30-60 days being most common and up to 90 days appropriate in some cases.
- Explicitly state the consequences of failing the PIP (termination or demotion), reserve the right to end it early, and note that it doesn't override at-will status.
Take this back Monday
Audit any open PIP: swap vague lines like 'poor performance' for specific dates, missed targets, or error counts, and confirm it spans at least 30 days.
A good PIP isn't a firing shortcut — it's fair notice and a real chance to improve, which protects the employee and the company.
Watch out for
- Using vague, unmeasurable language in the PIP (e.g., 'improve your attitude') instead of specific, observable standards.
- Giving PIPs of less than 30 days, which are seen as unreasonable and indefensible.
- Failing to state consequences of not completing the PIP, leaving ambiguity that hurts the employer in litigation.
He's a litigator and trial lawyer who also holds the SHRM-SCP certification — a rare combo of employment attorney and credentialed HR practitioner.
