You did what you thought was right: you spoke up about a serious problem at your Wisconsin workplace. Maybe you reported to HR about sexual or racial harassment, illegal discrimination, asked for increased compensation or other improvements that would assist others as well as yourself. But instead of addressing the problem, your manager has suddenly placed you on a “performance improvement plan” (PIP).
Suddenly, tasks you have performed well for years are “unacceptable.” You feel like you are being watched, documented and set up to fail. This situation is incredibly stressful, and you are right to wonder if it is more than a coincidence.
How a PIP can be used for retaliation
In Wisconsin, it is illegal for an employer to punish or take “adverse action” against an employee for engaging in a “protected activity.” Reporting what you in good faith believe to be discrimination or harassment is a protected activity or attempting to address a safety or pay matter that would assist others as well as yourself. While a PIP is not illegal on its own, it can be powerful evidence of workplace retaliation when the timing is suspicious.
An objective, well-documented performance plan is one thing. A plan that seems designed to be a “gotcha” is another. Signs that a PIP may be retaliatory include:
- Sudden timing: The plan is issued just days or weeks after your complaint to HR, especially if you have a history of positive performance reviews.
- Vague goals: The PIP uses subjective language, such as “improve attitude” or sets unclear, impossible-to-meet goals.
- Increased scrutiny: Your manager begins micromanaging you and documenting every minor, previously ignored error.
- Unequal application: You are disciplined for conduct (like being two minutes late) that other employees engage in without consequence.
- Unrealistic deadlines
- Failure to meet with you to discuss progress
This pattern indicates the PIP may not be about your performance but about creating a paper trail to punish you and to justify termination.
Why you should act while still employed
If you suspect your PIP is retaliatory, the actions you take next are critical. Many people make the mistake of waiting until after their employer fires them or quitting out of frustration to seek guidance. However, you may have more options and leverage while you are still employed.
A sudden, unjustified PIP may be an attempt by your employer to create a paper trail to justify firing you. The U.S. Equal Employment Opportunity Commission (EEOC) notes that retaliation can include actions that are not “ultimate employment actions,” like firing, but are still serious enough to discourage a reasonable person from making a complaint.
It is important to document every interaction related to your original complaint and the new PIP. Understanding your rights in this situation is the first step toward protecting your career.