By Evan Lange
A performance improvement plan (PIP) is a written warning that sets goals and a deadline, usually 30 to 90 days, to improve your performance. No law requires Texas employers to use PIPs, and because most Texas employees are at-will, an employer can fire you during or after a PIP, or without one. But a PIP can’t be used for an illegal purpose. If it appears right after you complained about discrimination, harassment or unpaid wages, requested medical leave or an accommodation, or disclosed a pregnancy, it may be evidence of retaliation or discrimination. Respond in writing, document everything, and remember that in Texas, poor performance alone is generally not “misconduct” that disqualifies you from unemployment benefits.
Few things at work feel as ominous as a meeting invite from your manager and HR, followed by a document titled “Performance Improvement Plan.” Some PIPs are a genuine chance to improve. Others are a paper trail for a firing that’s already been decided. Here’s how to tell the difference, and what Texas employees can do.
Texas doesn’t regulate PIPs. Your employer decides whether to use one, how long it lasts and what goals it sets. In an at-will job, the employer can end your employment before the PIP ends, or even if you meet the goals, as long as the real reason isn’t illegal. Learn more about at-will employment in Texas.
That’s why the timing and fairness of a PIP matter so much. A PIP can become important evidence, for your employer or for you.
Any of these can support a claim for retaliation or discrimination. See also progressive discipline.
Not always, but it is a serious warning. In an at-will state like Texas, an employer can fire an employee during or after a PIP, or without one, as long as the reason is not illegal.
Signing usually only acknowledges that you received the PIP. Refusing can be treated as insubordination, so many employees sign “received, not agreed” and submit a written response.
Yes. A PIP issued soon after you complained about discrimination, harassment or wages, requested leave or an accommodation, or disclosed a pregnancy can be evidence of illegal retaliation or discrimination.
Possibly. The Texas Workforce Commission does not treat inability to do the job, by itself, as misconduct, and the employer generally must prove misconduct to disqualify you.
No. Texas law does not require PIPs or progressive discipline, although an employer’s own policies and how consistently it follows them can matter in a discrimination or retaliation case.
The Lange Firm represents employees in Houston and across Texas. Attorney Evan Lange can review your PIP, its timing and how others were treated, and help you respond or negotiate an exit. Learn more about wrongful termination.
A PIP is their paper trail.
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