My Employer Placed Me on a Performance Plan. Should I Quit or Should I Try to Achieve the Plan’s Goals?

EMPLOYEES CAN TAKE ACTION AND WORK THROUGH THE PERFORMANCE IMPROVEMENT/ ACTION PLAN AND MAKE IT WORK FOR THEM. NEXT STEPS DEPEND ON THE EMPLOYEE STANDING UP FOR THEMSELVES AND PUSHING BACK AGAINST THEIR EMPLOYER.

Performance Plans are used to manage out employees. They help the
employer create a written record for termination. Employees should understand
that they have rights even while they are still employed and do not have to
accept the performance plan as is or resign from their employment.

Many employees who receive a performance plan, wonder if they should quit. Others are pushed to resign from their employment either by their manager or HR, sometimes with the offer of minimal or no severance if they do so. Let’s be clear – you DO NOT WANT TO QUIT! While that is the goal of your employer, that is often not in your best interest. Do not let the fear of “termination” prevent you from making logical and financially important decisions.

Employees that quit their jobs or resign from their employment generally do not get unemployment benefits. While this may seem minimal to some people, the benefits are ones that you are entitled to and why should you be denied these payments. It is money in your pocket that you will be giving up for no reason. Generally, it is not even in your best interest to resign from your employment, even if you decide to accept a severance package.

Employees that quit may also lose out on unpaid bonuses and/or unvested stock, among others and may be subject to restrictive covenants that may otherwise not be enforceable. Generally, if you are not employed on the payment or vesting date(s) then you lose these rewards that you worked hard to achieve over the past year. You will also lose any benefits you may have (i.e. medical benefits, life insurance benefits, disability benefits, etc.).

Moving forward on the performance plan, while stressful, allows you to continue getting a weekly paycheck and benefits for you and/or your family for at least a set period of time. It also allows you to extend your employment while looking for another role.

You also do not know what may transpire while you are on the performance plan. Changes may ensue at the company during the duration of your plan and the person who previously thought you didn’t offer enough value or with whom there was a conflict, may be let go and your position may be safe. You may also be able to prove to your employer that you should not have been placed on the performance plan, making it difficult for the employer to continue the plan and/or fire you. If you are able to transition while on the performance plan, an opportunity may arise internally that you can transfer into.

Staying on the plan also allows you time to look for a job while
you are still employed, to possibly prevent a gap in your work history.

If you are placed on a performance plan, you should have the plan evaluated and question items within. You should not simply accept the statements within the performance review or the plan as factual. You should also question the motivation and timing of your being placed on the performance plan.

While you may believe that you shouldn’t have been selected for the plan and/or that obtaining the goals in the performance plan is a moving target and that you may want to simply give in and do as your employer recommends, you need to protect yourself and your family. If you have received a performance plan, don’t just sit back or follow the guidance of your employer or HR. You should find out your rights and options to help you navigate the best path for you. There are various ways to proceed based on what is optimal for you and/or your family and specific to your circumstances.

Make it Happen! Take Action Now!

For more information about your options contact Sheree Donath to schedule a consultation.

EMPLOYEES CAN TAKE ACTION WHILE THEY ARE STILL EMPLOYED AND DO NOT HAVE TO WAIT UNTIL THEY ARE FIRED OR FORCED TO RESIGN!

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