Templates Employment Hr Performance Improvement Plan
Performance Improvement Plan
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PERFORMANCE IMPROVEMENT PLAN

(National Base Template with Optional State Riders)

[COMPANY LEGAL NAME] (the “Company”)
and
[EMPLOYEE FULL LEGAL NAME] (the “Employee”)

Effective Date: [EFFECTIVE DATE]
Governing Law: [STATE] employment law (unless otherwise provided in an attached State Rider)


TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation (Intentionally Omitted)
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
Attachment A – Performance Deficiencies & Improvement Metrics
Attachment B – State-Specific Rider(s) (optional)


[// GUIDANCE: This template is designed as a legally-defensible Performance Improvement Plan (“PIP”). Insert specific facts in bracketed placeholders. Attachments can be reformatted as schedules if your HRIS system prefers.]


I. DOCUMENT HEADER

  1. Purpose. This Performance Improvement Plan sets forth specific, measurable actions the Employee must complete within the Improvement Period (defined below) to satisfy the Company’s performance expectations and to continue employment.
  2. Consideration. Continued employment and access to Company resources constitute adequate consideration for the Employee’s obligations herein.
  3. At-Will Status. Nothing in this Plan shall be construed to create a contract of employment for any definite term; employment remains “at-will” and may be terminated by either party at any time, with or without cause or notice, subject to applicable law.
  4. Jurisdiction. This Plan shall be governed by and construed in accordance with the employment laws of the State identified above, without regard to conflict-of-laws principles, except as superseded by federal law.

II. DEFINITIONS

For ease of reference, capitalized terms used in this Plan have the meanings set forth below.

“Company Policies” – The Company’s employee handbook, code of conduct, and any other written policies as modified from time to time.

“Deficiency” – Each performance shortfall described in Attachment A.

“Improvement Metrics” – The quantitative or qualitative benchmarks listed in Attachment A that must be satisfied for each Deficiency.

“Improvement Period” – The period beginning on the Effective Date and ending [X calendar days/weeks] thereafter, unless extended under Section III.6.

“Progress Review Meeting(s)” – The scheduled meeting(s) between Employee and [Supervisor Name/Title] to evaluate progress toward Improvement Metrics.

“State Rider” – Any attachment addressing jurisdiction-specific requirements or variations (see Attachment B).


III. OPERATIVE PROVISIONS

  1. Identified Deficiencies. The Deficiencies and corresponding Improvement Metrics are detailed in Attachment A.
  2. Required Actions. The Employee shall:
    a. Meet or exceed each Improvement Metric within the Improvement Period;
    b. Attend all Progress Review Meetings at [frequency, e.g., weekly] intervals;
    c. Cooperate fully with coaching, training, or mentoring offered by the Company; and
    d. Comply at all times with Company Policies.
  3. Company Support. The Company will provide reasonable resources, including [training, software, mentorship, etc.], to facilitate the Employee’s performance improvement.
  4. Documentation. All meetings, feedback, and deliverables under this Plan shall be contemporaneously documented by the Supervisor and acknowledged by the Employee.
  5. Modifications. Any substantive change to Deficiencies, Improvement Metrics, or deadlines must be in writing, signed by both parties, and appended hereto.
  6. Extension of Improvement Period. The Company, in its sole discretion, may extend the Improvement Period for [number] days to accommodate [list circumstances, e.g., approved leave, ADA accommodation], provided such extension is confirmed in writing.
  7. Completion. Successful completion occurs when the Employee meets all Improvement Metrics, as determined by the Company in good faith and documented at the final Progress Review Meeting.

IV. REPRESENTATIONS & WARRANTIES

  1. Employee Representations. The Employee:
    a. Has read and understands this Plan and its consequences;
    b. Warrants the ability to perform all essential job functions, with or without reasonable accommodation; and
    c. Represents that no physical or mental condition, protected activity, or legally recognized accommodation request has been undisclosed.
  2. Company Representations. The Company represents that:
    a. This Plan is issued in a non-discriminatory manner and in good faith;
    b. No term herein is intended to violate any federal, state, or local law; and
    c. The Company will not retaliate against the Employee for any legally protected activity.
  3. Survival. The representations and warranties in this Section shall survive termination of this Plan for a period of one (1) year.

V. COVENANTS & RESTRICTIONS

  1. Employee Covenants. The Employee shall:
    a. Devote best efforts to achieving Improvement Metrics;
    b. Promptly notify the Supervisor of any impediment to performance;
    c. Maintain confidentiality of proprietary and personnel information encountered during employment.
  2. Company Covenants. The Company shall:
    a. Provide timely, constructive feedback during the Improvement Period;
    b. Consider in good faith any request for reasonable accommodation under applicable disability laws.

VI. DEFAULT & REMEDIES

  1. Events of Default. Any of the following constitutes an “Event of Default”:
    a. Failure to meet one or more Improvement Metrics by the conclusion of the Improvement Period;
    b. Violation of Company Policies resulting in disciplinary action;
    c. Material misrepresentation or omission in any information provided pursuant to this Plan.
  2. Notice & Cure. Upon an Event of Default, the Company shall deliver written notice to the Employee. No cure period is required unless expressly provided in the notice.
  3. Graduated Remedies. Depending on the nature and severity of the Event of Default, the Company may, in its discretion:
    a. Extend the Improvement Period;
    b. Demote or reassign the Employee;
    c. Implement final written warning; or
    d. Terminate employment.
  4. Attorney Fees. In the event of litigation arising from this Plan, the prevailing party shall be entitled to reasonable attorney fees and costs to the extent permitted by law.

VII. RISK ALLOCATION

[// GUIDANCE: The metadata specifies no indemnification, liability caps, or injunctive relief. Provisions intentionally omitted.]

(Section intentionally omitted.)


VIII. DISPUTE RESOLUTION

  1. Governing Law. This Plan shall be governed by the laws of [STATE].
  2. Forum Selection. Any suit arising out of or relating to this Plan shall be brought exclusively in the state courts located in [COUNTY, STATE].
  3. Arbitration. Not applicable.
  4. Jury Waiver. Not applicable.

IX. GENERAL PROVISIONS

  1. Entire Agreement. This Plan (including all attachments) constitutes the entire agreement concerning its subject matter and supersedes any prior oral or written discussions relating thereto.
  2. Amendment & Waiver. No amendment or waiver shall be effective unless in writing and signed by both parties. A waiver on one occasion is not a waiver on any subsequent occasion.
  3. Assignment. The Employee may not assign any rights or delegate any duties under this Plan. The Company may assign its rights to any successor or affiliate.
  4. Severability. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to comply with applicable law.
  5. Counterparts; Electronic Signatures. This Plan may be executed in counterparts, each of which is deemed an original. Signatures delivered by pdf or electronic signature platform (e.g., DocuSign) shall be deemed original.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned have executed this Performance Improvement Plan as of the Effective Date.

COMPANY EMPLOYEE
By: _________ ______
Name: [NAME] [EMPLOYEE NAME]
Title: [TITLE] Date: [DATE]
Date: [DATE]

ACKNOWLEDGEMENT OF RECEIPT
I, [EMPLOYEE NAME], acknowledge receipt of this Plan and understand that failure to meet the specified Improvement Metrics within the Improvement Period may result in disciplinary action, up to and including termination of employment.

Signature: ____ Date: ___


Attachment A

PERFORMANCE DEFICIENCIES & IMPROVEMENT METRICS
| Deficiency No. | Description of Performance Deficiency | Improvement Metric | Review Date(s) |
|----------------|----------------------------------------|--------------------|----------------|
| 1 | [e.g., Failure to meet sales quota] | [Achieve minimum $___ in sales per month] | [Dates] |
| 2 | [e.g., Late project submissions] | [All projects submitted on or before due date for next 3 cycles] | [Dates] |
| … | | | |

[// GUIDANCE: Expand or modify the table to capture all relevant performance areas.]


Attachment B

STATE-SPECIFIC RIDER(S) (Optional)

[// GUIDANCE: Insert only if local law imposes additional obligations. Typical examples: California final wage statements, New York Notice of Employee Rights, Colorado transparency in pay, etc. Use “[STATE RIDER – ]” headings, include any mandatory language, and ensure consistency with the core Plan.]


[// GUIDANCE: Prior to issuance, HR/legal should:
1. Confirm that identified Deficiencies are supported by documented performance data.
2. Coordinate with leave/accommodation specialists to avoid interference with protected leave or disability rights.
3. Deliver Plan in a private meeting and allow Employee to ask questions.
4. Retain a signed copy in the personnel file in accordance with record-retention policies.]

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