Response to a PIP

Anonymous

October 25,2023 at 2:49PM UTC

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Response to a PIP

I was put on a PIP that was filled with inaccuracies. Is there a time limit for one to respond? I would like to respond now but have a fear of being let go. Can they cancel a PIP and let me go?

I am trying to ride it through to perhaps a few weeks to a month before the PIP ends as I have some heath matters to take care of and need my insurance. I also need the money and need to save as much as possible for the next 2 months.

I would think that I can give a response/rebuttal to the PIP at anytime during the PIP, and it is probably better to do it earlier rather than later, but I can’t afford to risk losing my job and insurance right now. I have procedures that need to be done that are very expensive without insurance.

I plan to put in my notice right before the end of the PIP as this is not the type of organization I want to be a part of anymore (new leadership is unethical) but want my rebuttal submitted before. For me, the timing of this is very important.

Any thoughts or insights would be appreciated.

Thanks.

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AnonymousOctober 25,2023 at 3:06PM UTC
I agree that the earlier you respond/rebut the issues addressed in the PIP, the better. Make sure you have documentation for each point you dispute (emails, witnesses, time cards, depending on the particular issue stated).
Concerning "riding it out" or being let go before the PIP expires, it all depends on how the PIP is written. When I wrote someone up on absences and tardiness, I had specific parameters within the PIP period that would result in immediate termination (for example, no call/no show, any illness had to have a doctor's note, tardiness of more than xx minutes without reasonable cause more than x times.) If it was for job performance, the PIP was written with stated goals, and an assessment would be done at the end of the PIP to either cancel the PIP, extend the PIP with updated goals, or terminate employment.
AnonymousOctober 25,2023 at 5:29PM UTC
This should all be outlined in your employee manual. If you don't have one, get one from HR.
AnonymousOctober 26,2023 at 1:19PM UTC
PIP's are not for the employee's benefit. Usually, they are there to cover the employer's arse and documentation for termination. A rebuttal may buy you a little time but if you are in a right to work state, your time will probably be up by the "improve by date" in your PIP. If you truly need to plan for taking care of health matters, go ahead and get a doctors note, file your FMLA (assuming you've been there longer than a year, have worked 1,250 hours, and there are more than 30 employees - consult your states laws re: FMLA), and schedule your procedures. Take the recuperation time to concentrate on recovering and finding another position. You may receive only part of your wages/salary (like 60-66%) depending on your companies policies re: short term disability. FMLA only guarantees you return to the same or comparable job level, not that you are guaranteed a job. You probably will only get one shot at taking this FMLA during your PIP period to handle your procedures so make sure you are ready to be terminated once you return since you surely won't meet the terms of your PIP.
AnonymousOctober 26,2023 at 4:13PM UTC
Get a doctors note, not knowing what the pip was about it is hard to properly advise you beyond that. Respond to the pip with the inaccuracies, the pip is timeboxed (30-60-90 days) and will cause them to terminate you during or after it if you don't improve upon what is in the pip. If your medical situation warrants them to provide an accomodation for you they are not likely to terminate you knowing that because they would walk right into legal action. You could hire an attorney now and negotiate a severance with your medical distress asking for their payment of cobra for you if that could lessen the blow.
AnonymousOctober 27,2023 at 12:40PM UTC
Respond very professionally and factually (try to keep emotions and opinions out of it) to document the inaccuraciies in non-combative language - example: to clarify items cited in the PIP narrative where your recollection differs. Look into Family and Medical leave which many states have (sometimes a business will have their own private program for this). Your doctor fills out the required forms to allow you to take a medical leave for a set period of time (which can often be extended if needed with more documentation from your doctor) with full pay and benefits while your PIP is suspended and your job is held. I was in the same situation, took medical leave with at least one extension to take care of my medical issue and then after several months or a year - can't remember - when I was required to return to and resume the PIP process and my job, I negotiated my exit package. See an employment attorney to get their opinion on what your options are - one of which could be Family and Medical Leave (FMLA) and others (for example, negotiating your exit with severance and you could take care of your medical issues with COBRA insurance - COBRA premiums can be very expensive so you will need to find out what this will be to assess this option). My confidential contact was a separate HR person who handled theses matters without involving, notifying my manager or the HR person handling the PIP. Once I had setup up the medical leave paperwork and it was approved, I simply notified my manager of my decision and his contact going forward was the FMLA HR person. Good luck and happy to give you any other details if it would help - very stressful situation but my medical leave allowed me time and dignity to take care of my health and make decisions on my own future.
AnonymousNovember 26,2023 at 5:18PM UTC
OP here - I thought FMLA was unpaid.