What happens if I successfully complete a PIP that was clearly designed to make me fail?

 


 What happens if I successfully complete a PIP that was clearly designed to make me fail?


I was put on a 60-day Performance Improvement Plan 45 days ago. My old manager left and my new manager (who has been here 5 months) and I just do not get along. My reviews were Meets Expectations for 3 years straight. As soon as she started, I was suddenly failing in multiple areas. I'm 99% sure this PIP is just HR-approved paperwork to manage me out.

Here's the situation: The goals on the PIP are insane. They are vague, subjective and contradictory.

For example:

Goal A is "Demonstrate improved initiative by proactively identifying and resolving issues without manager oversight." Goal B is "Improve communication and alignment by seeking manager approval before commencing all non-routine tasks and project adjustments."

This is a catch-22. Last week, I proactively solved a client facing issue (Goal A) and my manager wrote in my check-in that I failed to align on the solution (Goal B). The next day, I asked for alignment on a different task and she asked me why I wasn't taking initiative. I knew this was a setup. So I've been documenting everything. I have a 30-page document with emails, chat logs and timestamps. I've been working 60-hour weeks. I'm exhausted, but I'm doing it.

I'm meeting every single (stupid) metric they set. I am sending her alignment emails and also proactive solution emails. I'm papering my own trail so hard they can't ignore it. My question for HR is: What happens now?

The 60-day plan ends in 2 weeks. I will have a mountain of evidence showing I met every single objective. I know they want me gone. Can they still fire me even if I pass the PIP? Will they just move the goalposts? Or will they have to give up and I'm just... "safe," but with a manager who hates me?

I am applying for other jobs, but I also want to know what my rights are. What's the most likely outcome when an employee passes a PIP they were supposed to fail?


Jobadvisor

It sounds like you're in a very challenging and frustrating situation. It's commendable that you've been so diligent in documenting everything and working tirelessly to meet the PIP's objectives, despite how unreasonable they seem. Let's break down what could happen and your potential rights.

What Happens if You "Pass" a PIP?

Even if you meticulously meet every single objective, as you've described, the outcome isn't always a clear "you're safe." Here's a spectrum of what could happen:

  1. They Acknowledge Completion (and potentially try again):

    • Best Case (for you): Your manager and HR might acknowledge that you've met the stated goals. This could mean the PIP is officially closed, and you continue in your role. However, given the context, it's unlikely your manager's attitude towards you will change.

    • More Likely (given your situation): They might acknowledge you met the current PIP objectives but then immediately move to a "Phase 2" PIP with new, equally vague, or impossible goals. This is a common tactic to continue the process of managing someone out. They might claim that while you met the specific metrics, you haven't demonstrated the "sustained improvement" or "behavioral shift" they were looking for, using the subjective nature of the goals against you.

    • Another possibility: They might try to say you met the letter of the PIP but not the spirit, and then continue to find other performance issues or areas for improvement.

  2. They Still Find a Way to Terminate You:

    • At-Will Employment: Most employment in the US (and many other places) is "at-will," meaning an employer can terminate an employee for any reason (or no reason) as long as it's not an illegal one (discrimination based on protected characteristics like race, gender, age, religion, etc.).1

    • Documentation as a Shield (for them): The PIP itself serves as documentation for the company. Even if you "pass," they can still argue that your overall performance, fit with the team, or other subjective factors led to their decision. Your documentation makes it harder for them to claim "performance," but it doesn't necessarily prevent termination.

    • "Lack of Improvement" Narrative: They might try to build a narrative that even with the PIP, your performance isn't at the level they require long-term, or that your management style doesn't align with the company's values, etc.

  3. You Remain, But the Environment is Unchanged:

    • If they genuinely can't find a reason to terminate you after this, you might remain in your role. However, your relationship with your manager is likely to remain strained, and it could be a very unpleasant working environment. This is why looking for other jobs is a smart move.

Your Rights and What to Consider:

  • Documentation is Key: Your 30-page document is incredibly valuable. Keep it organized and secure (off company property, ideally). This evidence helps protect you if they claim poor performance or try to deny unemployment benefits.

  • Discrimination/Retaliation: If you believe your manager's actions are due to discrimination based on a protected characteristic or retaliation for a protected activity (e.g., whistleblowing, taking FMLA), your documentation becomes even more critical. You could potentially file a complaint with the EEOC (Equal Employment Opportunity Commission) or a similar state agency.

    • Note: Simply "not getting along" is generally not a protected category. However, if the "not getting along" stems from a discriminatory bias, that's different.

  • Unemployment Benefits: If you are terminated, your thorough documentation can significantly bolster your case for unemployment benefits, especially if the company tries to claim "for cause" termination due to performance.

  • Severance: If they want you out but can't cleanly fire you for cause after you've passed the PIP, they might offer a severance package in exchange for a signed release of claims. Your strong documentation could give you some leverage in negotiating this.

  • Constructive Discharge: If the work environment becomes so intolerable that a reasonable person would feel compelled to resign, you might have a claim for constructive discharge. This is difficult to prove, but your documentation of the "catch-22" goals and your manager's contradictory feedback could support such a claim.

  • Legal Counsel: It might be worthwhile to have a brief consultation with an employment attorney, especially as the 60-day mark approaches. They can review your documentation and give you specific advice based on your location's laws and the nuances of your situation. They can also advise you on how to respond to any further actions the company takes.

  • Negotiation: If they try to initiate a "Phase 2" PIP or move to terminate you, you could potentially try to negotiate your exit, possibly asking for severance in exchange for an amicable departure.

Most Likely Outcome (Given Your Description):

Based on your detailed account, it sounds like your manager and HR are building a case to manage you out. Even if you "pass" this PIP, they will likely:

  1. Move the Goalposts: Introduce a new PIP with different objectives, or claim you met the letter but not the spirit, or find new "areas for improvement."

  2. Continue to document "failures": Your manager will likely continue to find fault, even if it's contradictory, to build their case.

  3. Eventually Terminate: The goal is likely termination, and they will likely achieve it, even if it takes a bit longer. Your documentation will make it harder for them to claim egregious performance issues, but it won't necessarily prevent termination in an at-will state.

Your Best Course of Action:

Continue to apply for other jobs aggressively. Your mental and physical well-being are paramount. While fighting this can feel empowering, the stress of working in such a hostile and manipulative environment can be detrimental.

Keep documenting everything precisely as you are. This is your best defense.

Consider speaking with an employment attorney to understand your specific rights and options fully. They can help you prepare for the next steps, whether it's negotiating a severance or understanding potential legal claims if you are terminated.

It's a tough spot, but your proactive approach to documentation is excellent. It shows a strong understanding of the situation and a determination to protect yourself.


What are some things you have learned in this job search? 2025. Serious answers only! What isessestial to know?

For instance

  1. Finding the hiring manager on LinkedIn to try and get a connect or your name is essential, you are one of too many if you just apply

  2. Most recruiters won't get back you if you message them over LinkedIn

  3. Most resumes are way too crowded, they need to be really straight to the point

  4. AI rewriting resume can really hurt you, it may add so much fluff that nobody is really gonna read it



Jobadvisor

🚀 Essential Knowledge for the 2025 Job Search

The job search landscape in 2025 is largely defined by the accelerated adoption of AI by both candidates and employers, making new strategies essential to stand out. Here are some key lessons and essential knowledge for job seekers:


💡 Strategy and Networking

  • Proactive Networking is King (Still): While applications are numerous, a significant number of roles are still filled through referrals or the "hidden job market." Nudging recruiters and especially hiring managers on LinkedIn or via email can significantly increase your interview rate. Focus your efforts on the companies and roles you are most interested in.

  • Prioritize Targeted Applications: The market is often brutal and highly competitive. Instead of high-volume generic applications, focus on fewer but more highly customized applications directly on the company website.

  • Know Your Audience (Interviews): Prepare questions and tailor your answers based on who is interviewing you.

    • Executives appreciate strategic questions.

    • The Hiring Manager wants to discuss the "nitty-gritty" of your experience and how you solve problems relevant to the role.

    • Recruiters/HR are the best people to ask about company culture, team fit, and the next steps in the process.

  • Rehearse Your Core Stories: Have a few strong, quantified PAR (Problem, Action, Result) stories ready for different categories (wins, mistakes, conflict, teamwork) that you can easily weave into your answers to address the job description's most important elements.


🤖 The AI/Technology Factor

  • AI is Dominating Screening: By 2025, a majority of large companies are using AI-driven Applicant Tracking Systems (ATS) to screen resumes.

    • Essential Knowledge: Your resume must be designed for ATS optimization—using keywords and clear formatting that AI can easily parse—before a human ever sees it. Tools like Jobscan can help check ATS-friendliness.

  • Use AI to Streamline, Not Automate Everything: While AI tools (like ChatGPT or resume scanners) can save time and offer tailored suggestions, over-reliance leads to generic, robotic output that hiring managers are increasingly wary of. Your application must retain your unique voice and customized, genuine content.

  • AI Skills are a Top Priority: Employers are highly prioritizing candidates with AI-related skills, including:

    • Proficiency in using AI tools (e.g., ChatGPT, Copilot) to enhance productivity.

    • Understanding and applying ethical AI use.

    • Problem-solving and critical thinking for AI-related challenges.

    • The mantra is often: "AI won't take your job, but someone who knows how to use AI will."


📝 Resumes and Skills

  • Brevity and Results are Crucial: You are correct; resumes that are too crowded or filled with "fluff" from generic AI rewriting get discarded. Focus on clear, straight-to-the-point, metric-driven statements that highlight results (e.g., "Led initiative that resulted in a 15% increase in customer retention," not "Responsible for customer retention efforts").

  • Focus on Hybrid Skills: The most valuable workers combine tech and human skills. While technological skills (AI, Big Data, Cybersecurity) are growing fastest, human-centric skills like analytical thinking, creative thinking, resilience, flexibility, and strong communication are also increasingly essential.


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