Authors: Stephanie McDonald and Baldeep Sodhi
If you’ve been put on a Performance Improvement Plan (PIP), you’re probably feeling stressed, confused, or even angry. As an employment law firm, we’ve dealt with such cases and understand what you may be going through, it can feel like a career crossroads. Is it a real opportunity to improve, or a strategy to push you out? The answer depends on the intent behind the PIP and how you respond. You might be wondering what your rights are, how to navigate a PIP constructively, and what to do if it’s unfair.
What is a PIP?
A Performance Improvement Plan (PIP) is a formal process that employers use to address concerns about an employee’s performance. If you’ve received one, it likely means your employer has questions about your productivity, job performance, or even conduct. In some cases, a PIP is meant to support you by providing clear feedback, a structured timeline, and specific goals to help you improve. It may outline that you’re falling short, what expectations are going forward, and what kind of support or training is available to help you succeed.
Nevertheless, many employees find themselves on a PIP as a prelude to dismissal. Some employers use it to document performance issues before terminating someone. That’s why it’s so important to read the document carefully. You need to understand what’s expected of you, how your success is evaluated, and what the consequences are if you don’t meet the expectations set out for you.
A fair PIP should clearly include:
- What your employer expects from you moving forward
- What specific areas of your performance need improvement
- What help or resources will be provided
- A reasonable timeline for making those changes
- What might happen if you fail to meet the plan’s goals
Is the employer making a genuine attempt to improve performance?
A PIP is supposed to be a formal tool in the performance management process, but it doesn’t have to be the first step. Good employers usually raise concerns informally first, through coaching, check-ins, or feedback sessions. If this PIP feels like it came out of nowhere, that’s a red flag. That said, not every issue can be handled informally. Sometimes, even after multiple conversations, a more structured approach becomes necessary. The key is that the PIP must be implemented in good faith. It should never be used as a tactic to push someone out, especially when that person has been performing well for years and suddenly finds themselves under scrutiny after a new manager joins the team. Sadly, the reality is that a sudden PIP with no prior discussion may indicate an ulterior motive and not be in good faith.
Another aspect to remember is that the expectations laid out in the PIP are realistic, measurable, and achievable. Take a hard look at what the plan asks of you. If the targets are vague, like “improve attitude” or “be more professional” without any specific metrics aren’t helpful at all. That’s confusing. It’s worth documenting those concerns, especially if it feels like you’re being set up to fail.
Sometimes, poor performance isn’t about motivation or attitude, it’s about limitations that haven’t been properly acknowledged or accommodated. Under the Human Rights Code, employers must accommodate employees with disabilities up to the point of undue hardship. If you’re struggling to meet the PIP goals because of a medical condition, mental health issue, or other protected ground, your employer has a legal duty to work with you, not punish you. That means providing reasonable accommodations. Your employer should make it clear in the PIP that accommodations are available, and they should encourage you to speak up if you need help. If they fail to do this and then terminate you for not meeting the PIP goals, they may be violating your human rights.
How to work with the PIP
If you believe the PIP is fair or even if it isn’t, but you want to make the best of the situation, you have every right to ask for support. A Performance Improvement Plan should never feel like a one-sided directive. It should be a two-way conversation where you’re set up for success, not failure.
- Ask your manager for support: Don’t be afraid to ask questions. If anything in the PIP is unclear, ask your manager to walk you through what’s expected. You can also request regular check-ins and request feedback along the way. A manager who wants you to help you succeed should be open to these discussions.
- Ask your manager how they will measure progress: One of the biggest issues with PIPs is vagueness. You deserve to know exactly how your performance will be measured. Clear metrics are essential. Ambiguous standards open the door to subject evaluations. You should know what success looks like and what benchmarks you need to hit along the way.
- Ask your manager for training if needed: If you’re being asked to improve in areas where you haven’t had proper training, speak up to let your manager know. It’s not a weakness, it’s being realistic. You can’t be expected to improve without the right tools. Whether it’s additional training, mentorship, or time to learn, don’t be afraid to ask for the support you need.
What to do if your PIP is unfair, unreasonable, unrealistic, or unachievable
Not every Performance Improvement Plan is created in good faith. If it feels like your PIP is setting you up to fail, it’s important to take action to protect yourself!
- Put your concerns in writing: Start documenting everything. If the goals are unclear, the timeframe is too short, or you’re not getting the help you were promised, raise your concerns respectfully and in writing. This could be through email or a formal letter to your supervisor. Creating a written record could be helpful if legal issues arise later.
- Consider looking for another job: Even if you intend to fight the PIP, it’s smart to explore your options. Being proactive can help reduce financial stress if the situation goes south. It’s always better to have options.
- If things get really bad, retain a lawyer: If the PIP feels like a tactic to push you out, a lawyer can help assess whether you’re experiencing constructive dismissal. That’s when an employer makes your work environment so intolerable that you’re effectively pushed to resign. If that’s the case, you may be entitled to severance.
- Don’t resign without speaking with a lawyer: This part is critical: don’t quit without speaking to an employment lawyer first. Quitting voluntarily can limit or eliminate your right to severance or employment insurance. If you’re feeling pressured to leave, speak to an employment lawyer who can explain your options and protect your rights.
Conclusion
Not all PIPs are the same. Sometimes they’re a genuine effort to support an employee’s growth. Other times, they’re designed to make you quit. It’s important to carefully assess the situation and know your rights. If the PIP is fair and comes with support, it could be a chance to grow. But if it feels vague or unrealistic, you should protect yourself. Document everything, ask for clarity, and don’t hesitate to seek legal advice before making big decisions.
At Workplace Sage Legal, we help employees navigate PIPs, push back against unfair treatment, and help you understand your rights. If you’re unsure where you stand, we’re here to help. Book a consultation today.
