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Hello
Doing some research about PIP. I am currently on a performance improvement plan. The plan is for 6 months and it will determine whether I keep my job or not. I was reading that PIP are first step to document and get evidence to fire someone. Do I have a constructive dismissal and could you tell me more about PIP's and how it will affect my severance if any
Being put on a performance improvement plan does not likely constitute a constructive dismissal. While your employer may be attempting to build a case to terminate your employment for just cause, it is very difficult to establish just cause for termination. Generally, the employer will need to show that it disciplined the employee on a number of occasions over a reasonable amount of time to allow the employee to improve their performance. Therefore, it is unlikely that being placed on one performance improvement plan will result in you not receiving severance pay. If you have concerns about the legitimacy of the performance improvement plan, please contact our firm to discuss the matter in more detail.
Comments
My wife who works in management told me it is usually not common practice to give progressive discipline for bad performance when you work non bargaining. Could she be wrong? How does the law apply to this in regards to a performance improvement plan ?
Performance improvement plans still exist in non-unionized workplaces, although they are not required by a collective agreement (as there is no collective agreement). Further, the concept of progressive discipline exists in non-unionized workplaces and is generally necessary to establish just cause for termination. n.