Know your rights

Discipline & PIP Responses

Overcoming a performance improvement plan (PIP) or discipline can seem like a daunting task, but it is possible. With appropriate responses, an employee may be able to leverage several options for protecting their good name, reputation and employment. The key to getting there is by being proactive and taking proper measures before the employer terminates or issues any further discipline.

Areas of expertise

How We Can Help

One of our attorneys can help you draft and submit a response to a PIP, file a grievance or EEO complaint if the PIP is discriminatory, respond to a proposed removal for performance, or appeal a removal before the Merit Systems Protection Board (MSPB).

Filing
Complaint

It is important that these complaints be carefully drafted before they are filed, since the failure to do so can result in losing and/or limiting a client's legal rights, and monetary remedies down the road.

Inquiry
Response

This is a key point in the proceeding. Failure to provide effective responses may result in a finding of “no probable cause to believe discrimination has occurred” and you complaint may be dismissed.

Settlement, Mediation, Conciliation

Our attorneys can assist you in moving through these processes with your eyes open so you do not get taken advantage of, and obtain your best result.

Administrative Hearings

In the event your case cannot be settled, we stand ready to pursue any and all avenues of litigation and appeal to ensure that your voice is heard and that you get your “day in court”.

Performance improvement plans

It is no secret that being placed on a performance improvement plan (PIP) is often the first step in the removal process. Whether legitimate or not, PIPs create a negative paper trail that an employer can look to in justifying discipline or a termination decision.

The key to dealing with PIPs and other disciplinary actions such as warnings, false accusations regarding performance, promotion denials, demotions, etc., is to carefully craft an appropriate response to the employer. In doing so, we can assist clients in achieving one or all of the following objectives:

Since the employer already has a jump on the employee once a PIP or discipline is issued, it is vital that the employee take appropriate action as quickly as possible and before the gauntlet drops. If an employee is terminated before providing a response to a PIP or discipline, it may complicate the employee’s objectives.

plan of action

Our
Approach

Our attorneys are available to directly address your concerns, and put our many years of experience to work for you. Though the events and “drama” that arise in the workplace can often be confusing and emotionally taxing, our legal team deals with these matters on a daily basis. We can therefore provide you with a level head, as well as a well-rounded approach.

01

Identify

We quickly identify the root of the specific problem you are facing at work.

02

Explain

We explain clearly where you stand with respect to your legal rights.

03

Disclose

We disclose your options and likelihoods for obtaining a favorable outcome.

We Will Help You Every Step Of The Way

We plead that good legal service starts by alleviating the “ulcer” that comes from not knowing your legal rights, and replacing that with a definitive, smart and practical strategy, moving forward.