Performance improvement plans are supposed to help employees succeed. That’s the theory, anyway. Your manager sits you down and explains where you’re falling short. They outline specific goals. You get a timeline, maybe some training resources. In a perfect world, you improve, and everyone moves forward. We’ve seen too many cases where PIPs serve a completely different purpose. They become a legal shield for getting rid of someone the company wants gone for reasons that have nothing to do with performance.
When A PIP Isn’t Really About Performance
A legitimate performance plan gives you a fighting chance. The goals are clear and achievable. You receive actual support, not just a list of impossible tasks. Your manager provides regular feedback and adjusts expectations if circumstances change.
That’s not what happens when a PIP is being used to cover up discrimination.
Instead, you might suddenly face scrutiny after years of solid reviews. The metrics keep shifting. Nothing you do seems good enough. And when you look around, colleagues with similar track records aren’t dealing with any of this. That’s when you need to start asking questions.
Warning Signs Something’s Wrong
I tell clients to trust their instincts, but also to watch for specific patterns:
- Sudden placement on a PIP when your work hasn’t changed
- Goals that are impossibly vague or constantly moving targets
- You’re being held to standards that don’t apply to anyone else
- The support promised in the plan never actually shows up
- Other employees make the same mistakes without consequences
- This all started right after you complained about discrimination or requested an accommodation
The timing matters enormously. If you reported harassment last month and you’re on a PIP this month, that’s not a coincidence. The Equal Employment Opportunity Commission has documented patterns where employers use these formal processes to target employees in protected classes. It happens more often than most people realize.
What You Should Do Right Now
Start documenting everything. Save every email. Print performance reviews if you need to. Write down conversations with dates, times, and who else was there. If your manager promises you training, note it. If that training never happens, note that too.
Compare your situation to how other employees are treated. Are they getting the same scrutiny? Probably not. This documentation can make or break a case. A Silver Spring employment litigation lawyer needs concrete evidence to build your claim, and you’re the only one who can gather it while you’re still employed.
The Retaliation Problem
Federal law protects you when you complain about discrimination. It protects you when you participate in an investigation. It protects you when you ask for reasonable accommodations.
Employers know this. But some of them think they can get around it by using a PIP as camouflage. You report sexual harassment. Three weeks later, suddenly, your performance isn’t up to par. Management starts nitpicking work they never cared about before. You’re on a plan with metrics you can’t possibly meet. That’s retaliation, even if they never say the word “harassment” again. The timing tells the story.
Age Discrimination Gets Dressed Up Too
I’ve seen this play out with older workers more times than I can count. Someone’s been doing their job well for 15 or 20 years. They’re over 40, maybe over 50. Then management decides they need “fresh perspectives” or wants to “bring in new talent.” All of a sudden, that longtime employee can’t do anything right.
A PIP appears, the goals are unrealistic, the employee fails to meet them, and management has its documentation. Out they go, replaced by someone half their age making two-thirds the salary. The Age Discrimination in Employment Act exists precisely because this happens. When PIPs disproportionately target older employees, it reveals the real agenda.
Your Rights Don’t Disappear
Being on a performance improvement plan doesn’t mean you lose your legal protections. You still can’t be discriminated against based on your race, gender, age, disability, or other protected characteristics.
You don’t have to sign away your right to file a claim. You don’t have to tolerate retaliation. And you definitely don’t have to navigate HR meetings alone without understanding what’s really happening. At Eric Siegel Law, we can help you understand what you’re facing. Sometimes having an attorney advise you behind the scenes makes all the difference. You’ll know what to say, what to document, and what traps to avoid.
Don’t Let The Clock Run Out
Employment discrimination claims have deadlines. If you wait until after you’re fired to talk to a lawyer, you might have already blown through the window for filing a charge with the EEOC or your state agency. Those deadlines can be as short as 180 days in some situations. A Silver Spring employment litigation lawyer can evaluate what’s happening while you still have time to act. Maybe the PIP is legitimate, and you genuinely need to improve. Maybe it’s not, and you need to protect yourself. Either way, getting legal guidance early gives you more options than waiting until you’re already out the door.