How to Handle a Personal Improvement Plan (PIP) as a Federal Employee

If you work for the federal government and have received a personal improvement plan (PIP), it is important to make sure you understand what this means for your federal employment. While managers often pitch personal improvement plans as an “opportunity” to enhance the quality of your work, the reality is that issuing a PIP is often a premeditated step toward demotion or termination. As a result, if you have received a PIP, it is important to take it seriously, and you may also want to speak with a federal employment lawyer about your legal rights and the options you have available.

What is a Personal Improvement Plan (PIP)?

A personal improvement plan is a tool that federal agencies use to hold their employees accountable for meeting their duties as members of the federal workforce. The PIP process is also reflective of federal employees’ right to due process—which restricts agencies’ ability to initiate adverse employment actions based on most forms of misconduct and poor performance.

Typically the issuance of a PIP follows a performance review. If you receive a negative performance review as a federal employee, this on its own generally isn’t enough to justify disciplinary action. Instead, your federal agency must give you the opportunity to address the issues identified during your performance review, and this “opportunity” usually comes in the form of a performance improvement plan.

When establishing employment positions, federal agencies must establish performance standards that are specific to the position. Federal agencies must also review these performance standards annually and update them as warranted. These performance standards fall into three categories: (i) critical, (ii) non-critical, and (iii) additional.

To warrant disciplinary action, a negative performance review must identify a failure to meet a critical performance standard. To be a valid critical performance standard, a standard must be “of such importance that unacceptable performance on the element would result in a determination that an employee’s overall performance is unacceptable.” As we discuss in greater detail below, improperly labeling a non-critical or additional performance standard as a critical performance standard is one potential option for defending against the imposition of a PIP.

Why would you want to defend against having a PIP? There are two key reasons. First, as mentioned above, the imposition of a PIP is often an intentional step toward imposing disciplinary action—up to and including termination of employment. Second, complying with a PIP is a long-term and often arduous process. Even when a PIP is crafted appropriately (and many PIPs are not crafted appropriately), doing what is necessary to avoid disciplinary action can be extremely difficult, if not untenable.

Dealing with a PIP as a Federal Employee

With all of this in mind, what should you do if you are facing a PIP as a federal employee? Here are some key considerations:

Make Sure You Know Why You Received a PIP (if Possible)

First, you should do your best to make sure you understand why you received a PIP. If you have recently undergone a performance review the results of this review may provide some indication. But, the reason for your performance improvement plan should also be stated in the PIP itself. If you don’t understand the reason for your PIP, or if you disagree with the alleged performance deficiencies stated in your PIP, this is something you will want to discuss with a federal employment lawyer promptly.

Review Your PIP Carefully

You should read your entire PIP carefully. In addition to explaining why it was issued, your PIP should also explain:

• The steps you need to take to improve your performance in line with the critical standards for your position;
• How long you will need to participate in the PIP process;
• The assistance your agency will provide with coming into compliance with your position’s performance standards;
• What criteria will be used to assess your performance during the PIP period; and,
• The consequences you can face if you do not adequately improve your performance during the PIP period.

While your PIP should explain all of these things, this doesn’t necessarily mean that it will. If you have any questions about what you need to do—or if you have any concerns about what you need to do—you will want to discuss this promptly with a federal employment lawyer as well.

Do Your Best to Comply with Your PIP in the Short Term

As you work to address any concerns with your performance improvement plan, you should do your best to comply in the short term. Failing to comply with your PIP early in the process can make protecting yourself more challenging. If you need a reasonable accommodation to meet your performance improvement requirements, you should request this accommodation promptly through the appropriate channels; and, if you need to take leave during your PIP period, you should be sure that your leave is clearly documented so that it cannot be used as grounds for performance-related action.

Consult with a Federal Employment Lawyer About Your PIP

Due to the challenges involved with handling a PIP and the variety of issues that can arise before, during and after the PIP process, it will be well worth consulting with a federal employment lawyer. In addition to helping you understand your PIP, your lawyer can also determine if you have grounds to challenge your PIP or take other legal action to protect your legal rights as a federal employee. If your PIP is based on inappropriate or unreasonable performance standards, if your PIP does not contain all required information, or if your PIP is an attempt to justify retaliatory or discriminatory adverse employment action, these are all issues that an experienced federal employment lawyer can help you address effectively.

Discuss Your PIP with a Federal Employment Lawyer in Confidence

Are you facing a performance improvement plan (PIP) as a federal employee? If so, our lawyers can explain everything you need to know. To schedule a confidential consultation, call us at 410-514-6099 or request an appointment online today.