experienced in managing employee performance, a representative of human resources should attend the check-in meetings as well. Final Thoughts What if an employee on a PIP attempts to block their termination by filing a workers’ compensation claim, requesting medical leave, or complaining about perceived labor law or safety violations? It happens. If the employee goes out on leave, suspend the running of the improvement period until they return. Do not let other claims or complaints interfere with the PIP process. You will have written evidence that the PIP preceded the claim, complaint, or leave request, such that a claim of retaliation would be weak. Conclusion Employers should not hesitate to use PIPs when they are warranted. They provide fair notice to the employee of performance deficiencies and an opportunity to improve, and they can be extremely useful in defending a wrongful termination claim. If you have questions or need assistance with the performance management process, reach out to your FP attorney or the author of this Insight. Make sure you sign up to the Fisher Phillips Insight System to receive updates and notice of other important developments.
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