Performance Improvement Plan

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Performance Improvement Plan Generator

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PIPs are internal HR documents. E-signatures are valid for employee acknowledgment.

Sample Performance Improvement Plan Generated by Legal Tank

Performance Improvement Plan

Performance Deficiencies & Expectations

1.1

This Performance Improvement Plan ("PIP") is issued to [Employee Full Name], [Job Title], [Department], reporting to [Supervisor Name and Title], effective [Effective Date]. This PIP has been developed in response to the following documented performance deficiencies: [Specific, factual description of each performance deficiency, with dates, examples, and quantitative data where available]. These deficiencies have been identified through [performance reviews / documented incidents / output metrics / client feedback / supervisor observation] and represent a material failure to meet the objective performance standards established for Employee's position.

1.2

The performance standards and expectations applicable to Employee's position, which Employee has failed to meet consistently, include: [Specific performance metrics, KPIs, quality standards, behavioral expectations, or competency requirements, e.g., achieving a minimum customer satisfaction score of 85%, submitting deliverables by established deadlines without exception, adhering to the attendance and punctuality policy as defined in the Employee Handbook]. These standards are grounded in the legitimate operational requirements of the role and are consistent with expectations applied to similarly situated employees across the department.

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Measurable Goals & Milestones (30/60/90 Day)

2.1

30-Day Milestone (by [Date]): Employee shall achieve the following specific, measurable objectives within the first thirty (30) days of this PIP: [e.g., complete the mandatory [Training Program] and pass the assessment with a score of 80% or above; reduce error rate in [deliverable type] from [current rate] to no more than [target rate]; attend all scheduled team meetings and submit meeting notes within 24 hours]. Successful completion of 30-day milestones will be assessed by [Supervisor Name] based on documented outputs, attendance records, and direct observation. Failure to meet 30-day milestones may result in escalation of disciplinary action prior to the conclusion of the full PIP period.

2.2

60-Day Milestone (by [Date]): By the end of the sixty (60)-day period, Employee shall demonstrate the following sustained improvements: [e.g., maintain the corrected error rate established in the 30-day milestone for a minimum of four consecutive weeks; achieve a client satisfaction score of [Target] or above on all submitted work; independently manage assigned projects without escalation of preventable issues to supervisor]. The 60-day review shall assess both the achievement of the specific milestones above and the consistency of improvement over the preceding period, with particular attention to whether early gains have been maintained or have regressed.

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Support & Resources Provided

3.1

The Company shall provide Employee with the following support and resources during the PIP period to facilitate achievement of the identified performance goals: (a) [Weekly one-on-one coaching sessions with Supervisor, scheduled every [Day] at [Time]]; (b) [Enrollment in [Training Program or Skill Development Course] to be completed by [Date]]; (c) [Assigned mentor: [Name and Title], available for [Number] hours per week for guidance on [Specific Skills or Tasks]]; (d) [Access to [Software, Tools, or Reference Materials] as needed to perform assigned duties at the required standard]. Employee shall actively participate in all prescribed support activities and shall notify the supervisor promptly if any scheduled support is unavailable or insufficient.

3.2

To the extent Employee requires workplace accommodations in connection with a disability, medical condition, or other protected characteristic under the Americans with Disabilities Act, the Rehabilitation Act, or applicable state law, Employee is encouraged to contact Human Resources prior to or during the PIP period to initiate the interactive accommodation process. The existence of this PIP does not alter the Company's obligation to engage in the interactive process or provide reasonable accommodations as required by applicable law. Any granted accommodations shall be reflected in a written accommodation agreement and may modify specific PIP requirements to the extent reasonably necessary.

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Evaluation Schedule & Success Criteria

4.1

Formal progress evaluations shall be conducted at the following intervals: [30-Day Review on Date]; [60-Day Review on Date]; [90-Day Final Evaluation on Date]. Each evaluation shall be conducted by Employee's direct supervisor in consultation with Human Resources and shall assess Employee's performance against the measurable goals and milestones set forth in Section 2 of this PIP. Written evaluation summaries shall be provided to Employee within five (5) business days of each review and shall be signed by both the supervisor and Employee prior to filing in the personnel record.

4.2

Successful completion of this PIP requires Employee to: (a) achieve all quantitative performance targets specified in the milestone section at or above the stated threshold; (b) demonstrate consistent compliance with applicable Company policies and behavioral standards throughout the PIP period; (c) complete all assigned training or skill-development requirements by the specified deadlines; and (d) maintain the required performance level for a minimum of [Number] consecutive weeks prior to the final evaluation date, without any regression to prior deficiency levels. The success criteria shall be applied objectively and consistently, based solely on Employee's documented performance outcomes relative to the stated benchmarks.

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Consequences of Failure to Improve

5.1

If Employee fails to achieve any 30-day or 60-day milestone during the PIP period, or if Employee's performance regresses after an initial period of improvement, the Company may, at its sole discretion, escalate disciplinary action prior to the conclusion of the full 90-day period, including immediate termination of employment. The Company is not obligated to extend the PIP period or provide additional warnings beyond those specified in this document, and the Company expressly reserves its rights under the at-will employment doctrine.

5.2

If Employee fails to successfully complete this PIP by achieving all stated milestones and sustaining the required performance standard through the final evaluation date, the Company may take such employment action as it deems appropriate under the circumstances, up to and including immediate termination. Employee is advised that the Company's decision to implement this PIP is not a guarantee of continued employment and that the Company retains the right to terminate the employment relationship at any time for any lawful reason, regardless of whether the PIP period has concluded. Employee Signature: _________________ Date: _________________ Supervisor Signature: _________________ Date: _________________ HR Representative: _________________ Date: _________________

What Is a Performance Improvement Plan?

A performance improvement plan (PIP) is a formal HR document that outlines specific performance deficiencies an employee must address within a defined timeframe, the measurable goals they must achieve, the support and resources the employer will provide, and the consequences of failing to meet the improvement targets, typically including termination of employment. PIPs serve the dual purpose of giving employees a genuine opportunity to improve while creating the documentation trail necessary to support an adverse employment action if improvement does not occur.

From a legal perspective, PIPs are critical employment documents that can significantly impact the outcome of wrongful termination claims, discrimination lawsuits, and unemployment insurance proceedings. A well-documented PIP demonstrates that the employer identified specific performance issues, communicated clear expectations, provided reasonable time and resources for improvement, and made the termination decision based on legitimate, non-discriminatory business reasons. Without this documentation, employers face substantially greater legal risk in defending employment decisions.

The effectiveness of a PIP depends on its specificity, fairness, and genuine intent to improve performance rather than serving as a pretext for predetermined termination. Courts and juries are increasingly sophisticated in evaluating whether a PIP was a legitimate remedial measure or a manufactured paper trail. PIPs with vague goals, unrealistic timelines, or goals designed to be unachievable can undermine the employer's legal position rather than strengthen it.

Legal Tank helps you create performance improvement plans that are fair, specific, legally defensible, and genuinely designed to help employees succeed while protecting the organization's interests.

Why You Need a Performance Improvement Plan

PIPs provide the documentation foundation for defensible termination decisions, reducing the risk of wrongful termination and discrimination claims

The Equal Employment Opportunity Commission (EEOC) and courts look for evidence that the employer provided notice of performance problems and an opportunity to improve before termination

Well-documented PIPs can reduce unemployment insurance costs by demonstrating that the termination was for cause rather than without reason

A genuine PIP process often results in actual performance improvement, retaining an employee and avoiding the significant costs of replacement hiring

Key Sections in a Performance Improvement Plan

Performance Deficiencies

Document the specific performance issues with concrete examples, dates, incidents, metrics missed, customer complaints, policy violations, or quality failures. Avoid vague characterizations like "poor attitude" and instead describe specific observable behaviors.

Performance Standards and Goals

Define clear, measurable improvement goals using the SMART framework (Specific, Measurable, Achievable, Relevant, Time-bound). Each goal should have objective criteria for success so that both the employee and manager can assess progress without subjectivity.

Support and Resources

Identify the training, coaching, mentoring, tools, or other resources the employer will provide to help the employee improve. Demonstrating that the employer invested in the employee's success strengthens the PIP's legitimacy and legal defensibility.

Timeline and Check-ins

Establish the PIP duration (typically 30, 60, or 90 days) and schedule regular check-in meetings to review progress. Document each check-in meeting with written notes on the employee's progress, areas still needing improvement, and any adjustments to the plan.

Consequences of Non-Improvement

State clearly what will happen if the employee does not meet the improvement goals by the end of the PIP period, which may include continued PIP, reassignment, demotion, or termination. The consequences must be stated upfront so the employee understands the stakes.

Performance Improvement Plan Legal Requirements

PIPs must be applied consistently across all employees regardless of protected characteristics (race, gender, age, disability, etc.) to avoid discrimination claims

If the employee's performance issues may be related to a disability, the employer must engage in the interactive process under the ADA before implementing a PIP

Unionized employees may have collective bargaining agreement provisions governing the PIP process, including union representation rights (Weingarten rights)

Some state and local laws require specific notice periods or progressive discipline steps before termination, which the PIP should satisfy

Documentation from the PIP process may be discoverable in litigation, every statement should be factual, professional, and defensible

Common Performance Improvement Plan Mistakes to Avoid

Using a PIP as a pretext for termination rather than a genuine improvement opportunity, which courts recognize and which undermines the employer's legal position

Setting vague or subjective goals that cannot be objectively measured, making it impossible to determine whether the employee actually improved

Setting unrealistic timelines or unachievable goals that no employee could reasonably meet, which suggests the PIP is pretextual

Failing to provide the promised support and resources, which undermines the employer's position that the employee had a fair opportunity to improve

Not documenting the check-in meetings and progress assessments, losing the contemporaneous evidence that supports the employment decision

Applying PIPs inconsistently, placing some employees on PIPs for issues while excusing similar issues for other employees, which creates discrimination claims

Frequently Asked Questions About Performance Improvement Plans

What is a performance improvement plan (PIP)?
A performance improvement plan is a legally binding document used in employment matters. It establishes the rights, obligations, and responsibilities of all parties involved and is enforceable under the laws of the applicable jurisdiction. Legal Tank's generator creates performance improvement plan documents reviewed by David Chen, Esq. (NY & NJ Bar) and customized to your state's specific legal requirements.
How do I write a performance improvement plan?
This depends on your specific circumstances and the laws of your state. Performance Improvement Plan requirements can vary significantly by jurisdiction. Legal Tank's generator accounts for state-specific requirements and produces attorney-verified documents that meet current legal standards. For situations involving significant assets, complex arrangements, or contested matters, we recommend consulting with a licensed attorney in your jurisdiction for personalized guidance.
What should a PIP include?
This depends on your specific circumstances and the laws of your state. Performance Improvement Plan requirements can vary significantly by jurisdiction. Legal Tank's generator accounts for state-specific requirements and produces attorney-verified documents that meet current legal standards. For situations involving significant assets, complex arrangements, or contested matters, we recommend consulting with a licensed attorney in your jurisdiction for personalized guidance.
Do I have to sign a performance improvement plan?
This depends on your specific circumstances and the laws of your state. Performance Improvement Plan requirements can vary significantly by jurisdiction. Legal Tank's generator accounts for state-specific requirements and produces attorney-verified documents that meet current legal standards. For situations involving significant assets, complex arrangements, or contested matters, we recommend consulting with a licensed attorney in your jurisdiction for personalized guidance.
Can an employer fire me after a PIP?
This depends on your specific circumstances and the laws of your state. Performance Improvement Plan requirements can vary significantly by jurisdiction. Legal Tank's generator accounts for state-specific requirements and produces attorney-verified documents that meet current legal standards. For situations involving significant assets, complex arrangements, or contested matters, we recommend consulting with a licensed attorney in your jurisdiction for personalized guidance.
How long does a performance improvement plan last?
This depends on your specific circumstances and the laws of your state. Performance Improvement Plan requirements can vary significantly by jurisdiction. Legal Tank's generator accounts for state-specific requirements and produces attorney-verified documents that meet current legal standards. For situations involving significant assets, complex arrangements, or contested matters, we recommend consulting with a licensed attorney in your jurisdiction for personalized guidance.

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