News & Analysis as of

Performance Improvement Plans Adverse Employment Action

Parker Poe Adams & Bernstein LLP

Placing Employee on Performance Improvement Plan Does Not Count as Adverse Action

In order to state a claim of employment discrimination under federal civil rights laws, employees must demonstrate that they have been subjected to an adverse action. In most cases, the employee has been fired, demoted, or...more

Butler Snow LLP

6th Circuit Credits Documentation in Age Discrimination Case

Butler Snow LLP on

As this recent case demonstrates, consistent documentation can be your saving grace in defending a wrongful termination lawsuit, while inconsistent enforcement of rules can be your downfall. Facts - Ramona DeBra worked...more

FordHarrison

What Tiger Woods Can Teach HR About Using Performance Improvement Plans to Salvage Struggling Employees

FordHarrison on

Last weekend’s Ryder Cup notwithstanding, Tiger Woods has made an impressive comeback by winning the PGA Tour Championship in September. The win was Tiger’s 80th victory on the PGA tour but his first since 2013 after a long...more

FordHarrison

Television Shows And Performance Evaluations: It’s All About The Ratings, Baby

FordHarrison on

In May each year, broadcast TV, cable, and streaming services begin announcing series renewals and cancellations. This process continues well into the summer....more

FordHarrison

Developing a PIP that will make employees comeback heroes—Tom Brady style

FordHarrison on

As an HR professionals, we are often called upon to assist managers in addressing concerns with employees who appear to be falling behind company expectations. How can we encourage employee “comebacks” and assist supervisors...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Placing Employee on PIP Not Discrimination Under Title VII

Employers routinely use Performance Improvement Plans (PIPs) to notify employees of job performance issues. If an employee believes that they have unfairly been placed under a PIP, can this form the basis for an employment...more

Sherman & Howard L.L.C.

A PIP of a Discharge Claim

Sherman & Howard L.L.C. on

If you put an employee on a performance improvement plan (“PIP”), can he resign, sue on some theory or other, and collect damages as though he had been discharged? Two employees in Texas tried it. The employees contended that...more

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