TRACEY’S PRACTICAL EMPLOYMENT TIP
OF THE MONTH*

FEBRUARY 2010: HOW TO RESPOND TO A WRITTEN PERFORMANCE WARNING*

Performance warnings are a commonly used tool by employers to achieve one of several objectives: (i) to motivate an employee to improve; (ii) to justify a termination; (iii) to set up a termination to mask illegal actions; (iv) to retaliate against an employee who has alleged wrongdoing by the company or a manager; and (v) to force a resignation. How to tell which is true reason for the performance warning is not the subject of this monthly tip. This monthly tip solely addresses how to respond to a performance warning you receive.

When responding, there are a couple of basic rules to follow regardless of the motive for the PIP.

1. Respond in writing and send it to your manager and HR by e-mail.
2. Keep it short and to the point.
3. Open your response on a positive note listing some (but not all) of your accomplishments over the past six to 12 months.
4. Do not respond to every point in the warning. Pick the ones that objectively, if true, would be problematic.
5. Put aside emotion. Do not make it personal. Your response is not the place to air grievances or illegal acts of your manager.
6. Accept some responsibility if some of the criticism has merit. In reality, no one is a perfect employee and you will gain credibility by acknowledging there is some room for improvement.
7. End your response on a positive note by saying that although you disagree with a number of the points, you will follow the action plan and work hard to improve.
8. Always respond in a timely fashion.
   

Next Month's Tip: DOES MY EMPLOYER HAVE TO PUT ME ON A PIP BEFORE TERMINATION?

Monthly Tip Archive

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* Disclaimer: The contents of this page are for informational purposes only and nothing herein is intended to constitute legal advice nor should anything contained herein be taken or relied on as such. Each individual executive and employee has a unique set of facts and circumstances that the general discussion set forth above may be wholly inapplicable to. Only through consultation with a lawyer from our firm in which all of the facts and circumstances of an individual’s unique situation are explored and considered can a true legal assessment of your rights and remedies be ascertained. Any use of this information is taken solely at your own risk.