The Process
How to write a PIP that holds up
A PIP is only useful if it's specific, measurable, and formally closed. Most PIPs that fail in litigation are vague, inconsistently enforced, or abandoned without a written conclusion. Here's how to do it correctly.
1
Identify specific, documented performance gaps
List exact behaviors, metrics, or outcomes that are below standard — never personality traits. Reference real dates and data.
Example — weak vs. strong
Weak: "Has a negative attitude and doesn't meet expectations."
Strong: "Missed 4 of 6 monthly sales quotas in Q2 (April: $38K vs. $60K target; May: $41K vs. $60K target; June: $36K vs. $60K target). Received two written warnings on 4/15 and 5/20."
2
Set clear, measurable improvement goals
Every goal must be specific and verifiable. Use SMART criteria: Specific, Measurable, Achievable, Relevant, Time-bound. Define exactly what "success" looks like — so both parties know at the end of the PIP whether it was met.
Example goal
"Achieve a minimum of $54,000 in sales (90% of $60K monthly quota) for each of the 3 months of this PIP period (July, August, September 2026). Quota attainment will be verified from CRM reports on the last business day of each month."
3
Set a clear timeline
Most PIPs run 30, 60, or 90 days. Choose based on the complexity of the issue — simple attendance or process failures may warrant 30 days; skills development may take 60–90. State the exact start and end dates. Be consistent across employees in similar situations.
4
Specify what support you will provide
Document the training, coaching, tools, or resources the employer will provide during the PIP. This demonstrates good faith, shows the employee wasn't set up to fail, and matters if the employee later claims the PIP was pretextual. Include a schedule of check-in meetings.
5
State the consequence explicitly
The PIP must say clearly what happens if goals are not met by the end date. "Failure to meet the goals outlined in this plan will result in termination of employment." Vague language like "further action may be taken" creates ambiguity and weakens your position if termination follows.
6
Present it in a private meeting — get a signature
Have the employee sign and date the PIP acknowledging receipt (not agreement). Have a witness present. If the employee refuses to sign, note the date and have your witness initial it. Give the employee a copy. Do this before the PIP period begins.
7
Document every check-in in writing
Hold the scheduled check-ins and document each one the same day: what was discussed, current progress against goals, any issues raised. If performance is improving, note it. If it isn't, note that too. These contemporaneous records are your primary evidence if termination follows.
8
Close the PIP formally in writing
Within 1–2 days of the end date, issue a written outcome. If goals were met: a letter confirming successful completion and expectations going forward. If goals were not met: proceed to termination with a letter referencing the PIP, the unmet goals, and the consequence that was stated at the outset. Never leave a PIP open without a formal conclusion.
What to Avoid
Common PIP mistakes that create legal exposure
Mistake: Vague performance descriptions
"Doesn't meet expectations" and "poor attitude" are not defensible. Every performance gap must be documented with specific incidents, dates, and measurable data. Courts look for consistency between the written PIP and the actual job requirements.
Mistake: Issuing a PIP right after protected activity
If an employee filed a complaint, requested FMLA leave, or engaged in other protected activity shortly before you issued the PIP, the timing looks retaliatory. Make sure the performance issue is well-documented from before the protected activity — or consult employment counsel before proceeding.
Mistake: Including protected absences in an attendance PIP
FMLA leave, ADA accommodations, workers' comp, pregnancy leave, and most state paid leave are protected. Counting these absences toward an attendance PIP creates FMLA retaliation or ADA interference exposure. Only count unprotected, unexcused absences.
Mistake: Letting the PIP expire without a formal conclusion
The most common PIP error. If the plan period ends and nothing happens, you've created a record suggesting the performance issue wasn't serious enough to act on. Always issue a written outcome — successful completion or termination — within 1–2 days of the end date.
Mistake: Using inconsistent PIP standards across employees
If you use 30-day PIPs for some employees and 90-day PIPs for others in similar situations, and the difference correlates with protected characteristics (age, race, sex), that's a discrimination claim. Be consistent in how you structure PIPs for similar performance issues.
Best practice: Keep PIP discussions confidential
PIP status is confidential personnel information. Do not disclose it to coworkers. If asked, say only "I can't discuss another employee's situation." Disclosing a PIP to uninvolved employees can expose you to defamation claims and is damaging to morale and trust.
Frequently Asked Questions
PIP — common questions
What is a performance improvement plan (PIP)?
A PIP is a formal document that identifies specific performance deficiencies, sets measurable improvement goals, defines a timeline (typically 30–90 days), and states the consequence of non-improvement — usually termination. It documents that the employee received notice of the problem and a fair chance to correct it.
Is a PIP required before I can fire someone?
In most at-will states, no — you're not legally required to issue a PIP before terminating. However, a PIP strengthens your position against wrongful termination or discrimination claims. For employees on probationary periods or covered by an employment contract, different rules apply.
What should a PIP include?
Specific performance gaps with examples and dates, measurable improvement goals and metrics, the timeline (start/end dates), what support you'll provide, the consequence of non-completion, a check-in schedule, and signature lines for both parties.
How long should a PIP last?
30 days for simple issues (attendance, process failures); 60–90 days for complex issues (skills development, role performance). Be consistent — using different timeframes for similar situations across employees creates discrimination exposure.
Can I put someone on a PIP for attendance?
Yes, but check first whether the absences are protected: FMLA leave, ADA accommodations, workers' comp, or state leave. Counting protected absences toward an attendance PIP is retaliation or interference. Only count unprotected, unexcused absences.
What if the employee says the PIP is retaliatory?
Document that the performance issue predates any protected activity. If the PIP follows a complaint, leave request, or other protected act by a short interval, the timing creates risk. Review your documentation carefully and consider consulting counsel before issuing.
What's the difference between a written warning and a PIP?
A written warning documents a single incident or pattern and states expected behavior. A PIP is a longer-term structured plan with measurable goals and a formal outcome. Written warnings typically precede a PIP in a progressive discipline process, though neither is legally required in at-will states.
What happens if the employee goes on leave during the PIP?
If they take protected leave (FMLA, ADA, workers' comp), you must toll (pause) the PIP timeline for the duration of the leave. Do not count leave days toward PIP goals. Resume the clock when they return. Consult counsel if this happens — the intersection of PIPs and protected leave is high-risk territory.
What's the biggest mistake employers make with PIPs?
Letting the PIP expire without a formal written conclusion. An unclosed PIP signals the performance issue wasn't serious enough to act on. Always issue a written outcome within 1–2 days of the end date — either successful completion or termination.