Do I need to sign a Performance Improvement Plan, Written Warning or Performance Review?

What is a Performance Improvement Plan (PIP)?

A Performance Improvement Plan (PIP) is a formal document employers use to address areas of concern regarding an employee’s performance. It typically outlines specific, measurable goals that the employee is expected to achieve within a defined timeframe. While not always the case, a PIP can often signal that the employer is considering termination if sufficient improvement is not demonstrated. Sometimes, an unjustified PIP is given to create a paper trail before the employer moves to termination. During the PIP period, employees should carefully document how the plan is implemented, noting whether it is applied fairly and consistently.

Do I Have to Sign the Disciplinary Action or Performance Review?

While employees are not legally required to sign a written warning, PIP or performance review, refusing to do so can have serious consequences, including termination. An employer may interpret the refusal as insubordination, which can strengthen their legal position if they choose to terminate the employee. Importantly, the discipline can still be enforced by the employer regardless of whether the employee signs it.

Instead of refusing to sign, a more strategic approach is for the employee to sign the document while including a written statement indicating their disagreement with its contents. The employee should clarify that their signature only acknowledges receipt—not agreement. Most of the time, the discipline or performance review already states something like “signature confirms employee’s acknowledgement of receipt of this document.”  If it includes a statement similar to this, the employee can sign because the disclaimer clarifies that the employee is signing only to agree that they received the form, not that the employee agrees that the discipline or performance review is correct and justified. 

Signing the form helps protect against claims of insubordination and creates a documented record of the employees’ objections. Such a record may support future legal claims involving discrimination, retaliation, or wrongful termination.

Employees also have the option to submit a formal response to the written warning, PIP or performance review, explaining why they believe the document is inaccurate, unjustified, discriminatory or retaliatory. It is essential that any such response is professional, respectful, and focused on facts.

In the event of a legal claim, a PIP, written warning or performance review may serve as key evidence. If an employee meets or exceeds the goals outlined in the PIP but is still terminated, this could help demonstrate pretext—that is, that the employer’s stated reason for termination is a cover for unlawful discrimination or retaliation. 

If you’ve been placed on a PIP, received a disciplinary action, or are facing an unfair performance review, don’t wait for things to get worse. These documents can be a smokescreen for discrimination, retaliation, or wrongful termination. At Robinson Law Offices, we help employees stand up for their rights and protect their careers. Call us today to discuss your situation and get the guidance you need before it's too late.