Performance Improvement Plan (Florida)

PERFORMANCE IMPROVEMENT PLAN - FLORIDA

Performance Improvement Plan drafted under Florida employment law, preserving Florida's pure at-will doctrine while creating a documented basis for subsequent termination that withstands scrutiny under the Florida Civil Rights Act (Fla. Stat. Ch. 760), federal anti-discrimination statutes, and the Florida Private Whistleblower Act (Fla. Stat. § 448.102).

CONFIDENTIAL - PERSONNEL RECORD

[COMPANY LEGAL NAME] ("Company")
Performance Improvement Plan ("PIP")

Employee Name: [________________________________]
Employee ID: [________________________________]
Position / Job Title: [________________________________]
Department: [________________________________]
Florida Work Location: [________________________________] County, Florida
Supervisor: [________________________________]
HR Representative: [________________________________]
PIP Effective Date: [__/__/____]
PIP Review Dates: [__/__/____]; [__/__/____]; [__/__/____]
PIP Completion Date: [__/__/____]

1. PURPOSE AND AT-WILL ACKNOWLEDGMENT

1.1 Purpose

The purpose of this PIP is to clearly communicate specific performance deficiencies, establish measurable improvement expectations, provide the Employee with a structured opportunity to meet those expectations, and document performance over the PIP period. The Company hopes the Employee will succeed; however, failure to achieve the required improvements may result in further corrective action, including termination of employment.

1.2 Florida At-Will Employment - Acknowledgment

FLORIDA IS A PURE AT-WILL EMPLOYMENT JURISDICTION. DeMarco v. Publix Super Markets, Inc., 384 So. 2d 1253 (Fla. 1980); Savannah, Fla. & W. Ry. Co. v. Willett, 31 So. 246 (Fla. 1901). Unlike some jurisdictions that recognize broad common-law exceptions to at-will employment, Florida courts have declined to adopt a general "public policy" exception. Hartley v. Ocean Reef Club, Inc., 476 So. 2d 1327 (Fla. 3d DCA 1985).

Nothing in this PIP (a) creates an employment contract or any promise of continued employment for any duration, (b) alters the at-will nature of the employment relationship, (c) requires the Company to follow any specific disciplinary sequence, or (d) limits the Company's right to terminate the Employee at any time, with or without cause or notice, for any lawful reason or no reason. The Company may, in its sole discretion, terminate the Employee during the PIP period, accelerate the PIP timeline, or extend the PIP timeline.

1.3 Statutory Protections Remain in Effect

Notwithstanding Florida's at-will doctrine, the Employee retains all rights under applicable federal and Florida statutes, including but not limited to:

• Florida Civil Rights Act, Fla. Stat. § 760.10 (race, color, religion, sex, national origin, age, disability, marital status, pregnancy, gender identity, HIV/AIDS - § 760.50);
• Florida Private Whistleblower Act, Fla. Stat. § 448.102 (reporting or refusing to participate in unlawful activity);
• Workers' Compensation retaliation, Fla. Stat. § 440.205;
• Florida Minimum Wage Act, Fla. Stat. § 448.110 and Fla. Const. Art. X, § 24;
• Florida Sickle Cell Trait Protection, Fla. Stat. § 448.075;
• Federal: Title VII (42 U.S.C. § 2000e), ADA (42 U.S.C. § 12101), ADEA (29 U.S.C. § 621), FMLA (29 U.S.C. § 2601), FLSA (29 U.S.C. § 201), USERRA (38 U.S.C. § 4301), Section 1981 (42 U.S.C. § 1981), and NLRA (29 U.S.C. § 151).

This PIP is based solely on the performance deficiencies described in Section 3 and is not motivated by any protected characteristic or protected activity.

2. BACKGROUND

2.1 Employment Background

• Date of Hire: [__/__/____]
• Current Position Start Date: [__/__/____]
• Most Recent Performance Review Date: [__/__/____]
• Most Recent Performance Rating: [________________________________]
• Prior Corrective Actions: [List dates and descriptions, if any]

2.2 Job Expectations and Standards

The Employee's position requires performance at the following standards, as documented in the current job description (Attachment B):

1. [Core responsibility 1 and performance standard]
2. [Core responsibility 2 and performance standard]
3. [Core responsibility 3 and performance standard]

3. PERFORMANCE DEFICIENCIES

The Company has identified the following specific performance deficiencies that must be addressed during the PIP period. Each deficiency is based on documented observations, measurable data, or specific incidents. Supporting documentation is attached as Attachment A.

Deficiency No. 1: [Title]

Specific Concern: [Describe the performance gap with specificity - what the Employee is doing, not doing, or doing incorrectly.]

Examples / Evidence:

• [__/__/____]: [Specific example with dates, outcomes, witnesses if any]
• [__/__/____]: [Specific example]
• [__/__/____]: [Specific example]

Applicable Standard: [Reference to job description, policy, prior training, or measurable KPI]

Required Improvement: [Specific, measurable, achievable, relevant, time-bound ("SMART")]

Deficiency No. 2: [Title]

[Same structure.]

Deficiency No. 3: [Title]

[Same structure.]

4. PERFORMANCE IMPROVEMENT GOALS

During the PIP period of [____] days (typically 30, 60, or 90 days), the Employee must achieve the following measurable goals:

5. SUPPORT AND RESOURCES

The Company will provide the following support to help the Employee succeed:

☐ Weekly check-in meetings with [Supervisor] every [day] at [time]
☐ Access to [Training Resource]
☐ Mentorship with [Senior Employee]
☐ Tools/software access: [________________________________]
☐ Written job aids and templates
☐ Review of best practices documentation
☐ Other: [________________________________]

6. CHECK-IN AND REVIEW SCHEDULE

Each check-in will be documented in writing.

7. CONSEQUENCES

7.1 Successful Completion

If the Employee achieves all PIP goals by [__/__/____], the PIP will be successfully completed. Future performance will continue to be monitored under ordinary performance management.

7.2 Unsuccessful Completion

If the Employee fails to achieve the required improvements or if performance deteriorates during the PIP period, the Company may take additional action, up to and including immediate termination of employment, consistent with Florida's at-will doctrine. The Company expressly reserves the right to terminate the Employee at any time during the PIP period if performance does not improve or if other grounds for termination arise.

7.3 New or Different Concerns

If new performance issues or misconduct (unrelated to the deficiencies in this PIP) arise during the PIP period, the Company may address them separately, including through termination, regardless of PIP status.

8. ACCOMMODATION PROCESS (ADA / FCRA / Pregnancy)

If the Employee believes a disability, medical condition, pregnancy, childbirth, or related condition is affecting ability to meet performance standards, the Employee should contact [HR Representative] immediately to engage in the interactive process under the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and the Florida Civil Rights Act (Fla. Stat. § 760.10). The Company will evaluate reasonable accommodation requests in good faith.

Pregnancy Accommodation. Under the federal Pregnant Workers Fairness Act (2023) and Florida common-law pregnancy discrimination protections, reasonable accommodations must be provided unless they impose undue hardship.

HIV/AIDS Status. Fla. Stat. § 760.50 provides specific protection for individuals with HIV/AIDS. The Company will not consider such status in any employment decision.

Religious Accommodation. Under Title VII and the Florida Civil Rights Act, the Company will provide reasonable religious accommodations unless they impose undue hardship. Request accommodations in writing.

9. LEAVE RIGHTS ACKNOWLEDGMENT

Engaging in the PIP does not affect the Employee's rights to leave under:

• Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601;
• Florida Domestic Violence Leave Act, Fla. Stat. § 741.313 (employers with 50 or more employees must provide up to 3 working days of leave);
• Workers' compensation leave under Fla. Stat. Ch. 440;
• USERRA (military leave);
• Jury duty leave under Fla. Stat. § 40.271;
• Victim of Crime Leave (as applicable).

Requesting or taking any of the above forms of leave is a protected activity. Retaliation for such activity is strictly prohibited.

10. ANTI-RETALIATION PROVISION

The Company prohibits retaliation against any employee who in good faith reports discrimination, harassment, retaliation, wage-hour violations, safety concerns, suspected unlawful activity, workers' compensation claims, or otherwise engages in protected activity under federal or Florida law, including the Florida Private Whistleblower Act (Fla. Stat. § 448.102), which provides a cause of action for damages, reinstatement, back pay, and attorney's fees under Fla. Stat. § 448.104.

This PIP is based solely on documented performance deficiencies and not on any protected activity or protected characteristic. If the Employee believes this PIP is retaliatory or discriminatory, the Employee should immediately report those concerns to [HR Director / Ethics Officer / outside counsel] via:

• [Email]
• [Phone / hotline]
• [Anonymous reporting platform]

11. FINAL WAGE PAYMENT UPON SEPARATION

If employment is terminated, the Company will pay all final wages owed in accordance with Florida law. (Note: Unlike California or some other states, Florida does not have a statute requiring immediate payment at termination; final wages are typically paid on the next regular payday.) Unauthorized deductions from final wages may violate Fla. Stat. § 532.04 (wage payment manner) and the Florida Minimum Wage Act, Fla. Stat. § 448.110.

12. NO MODIFICATION OF POLICIES

This PIP does not modify the Company's personnel policies, handbook, or any separate written agreement between the Company and the Employee. In the event of conflict, the written at-will provisions in Company's handbook and offer letter control.

13. CONFIDENTIALITY

This PIP and related documentation are confidential personnel records. Distribution is limited to the Employee, Supervisor, HR, and authorized Company personnel with a legitimate business need to know. The Employee may retain a copy for personal records and may share it with personal advisors (attorney, spouse, therapist) but should not publicly disclose its contents.

14. ACKNOWLEDGMENT

Employee Acknowledgment:

By signing below, the Employee acknowledges:
☐ Receipt of this PIP;
☐ Understanding that employment is at-will and may be terminated at any time;
☐ Opportunity to ask questions and discuss the contents;
☐ Understanding of the performance goals and the review schedule;
☐ Knowledge of the resources and support available;
☐ Understanding of the consequences of failing to achieve the goals; and
☐ Awareness of the right to request reasonable accommodation and to report retaliation or discrimination concerns.

Signing this PIP does not constitute agreement that the performance concerns are accurate. It acknowledges receipt only. The Employee may submit a written response, which will be attached to this PIP.

Employee Signature: [________________________________]
Print Name: [________________________________]
Date: [__/__/____]

Supervisor Signature: [________________________________]
Print Name: [________________________________]
Date: [__/__/____]

HR Representative Signature: [________________________________]
Print Name: [________________________________]
Date: [__/__/____]

ATTACHMENT A - Documentation of Performance Deficiencies

[Attach records, emails, metrics, customer feedback, prior coaching notes, etc.]

ATTACHMENT B - Current Job Description

[Attach.]

ATTACHMENT C - Check-In Notes (to be completed during PIP period)

ATTACHMENT D - Employee Written Response (Optional)

The Employee may submit a written response within [____] business days. The response will be retained with this PIP.

Sources and References

• Fla. Stat. Ch. 760 - Florida Civil Rights Act of 1992
• Fla. Stat. § 760.10 - Unlawful employment practices
• Fla. Stat. § 760.50 - HIV/AIDS discrimination
• Fla. Stat. § 448.075 - Sickle cell trait protection
• Fla. Stat. § 448.101-448.105 - Private Whistleblower Act
• Fla. Stat. § 448.110 - Florida Minimum Wage Act
• Fla. Const. Art. X, § 24 - Minimum wage
• Fla. Stat. § 440.205 - Workers' compensation retaliation
• Fla. Stat. § 741.313 - Domestic Violence Leave
• Fla. Stat. § 40.271 - Jury duty leave
• Fla. Stat. § 532.04 - Wage payment
• 42 U.S.C. § 2000e - Title VII
• 42 U.S.C. § 12101 - ADA
• 29 U.S.C. § 621 - ADEA
• 29 U.S.C. § 2601 - FMLA
• 29 U.S.C. § 201 - FLSA
• 38 U.S.C. § 4301 - USERRA
• Pregnant Workers Fairness Act (2023)
• DeMarco v. Publix Super Markets, Inc., 384 So. 2d 1253 (Fla. 1980)
• Hartley v. Ocean Reef Club, Inc., 476 So. 2d 1327 (Fla. 3d DCA 1985)