Your manager schedules an unexpected meeting with HR. You walk in and are handed a Performance Improvement Plan, commonly called a PIP. The document lists concerns about your performance, gives you specific expectations to meet, and may provide 30, 60, or 90 days to improve.

Now you're wondering: Am I actually being given an opportunity to improve, or is my employer preparing to fire me?

The answer depends on the circumstances.

A performance improvement plan can be a legitimate management tool designed to address performance problems. However, a PIP can also become important when an employee suddenly receives poor reviews after years of positive performance, recently complained about workplace misconduct, requested protected leave, or exercised another workplace right.

If you've been placed on a PIP at work in Colorado, understanding what the document says—and what happened before you received it, can help you decide what to do next.

What Is a Performance Improvement Plan?

A performance improvement plan is generally a formal document used by an employer to identify alleged performance problems and establish expectations for improvement.

A PIP may identify issues involving:

• Productivity
• Attendance
• Sales or performance goals
• Communication
• Quality of work
• Workplace conduct
• Missed deadlines
• Management expectations

The document may also establish measurable goals and a period of time for the employee to demonstrate improvement.

Importantly, simply being placed on a PIP does not automatically mean your employer has violated Colorado employment law.

Employers generally have significant discretion to evaluate employee performance and establish workplace expectations.

However, the circumstances surrounding the PIP can matter.

Does Being Put on a PIP Mean I'm Going to Be Fired?

Not necessarily.

Some employers genuinely use performance improvement plans to help employees correct problems and remain with the company.

Others may use a PIP as part of a disciplinary process that could eventually result in termination if the stated expectations aren't met.

That's why employees should look beyond the words "Performance Improvement Plan" and examine what is actually happening.

Ask yourself:

• Are the goals realistic?
• Are the expectations measurable?
• Have these concerns ever been raised before?
• Were you previously receiving positive reviews?
• Are other employees held to the same standards?
• Did something happen shortly before the PIP?
• Does the PIP accurately describe your performance?

The answers can help provide context for why the PIP appeared.

What If I Had Good Performance Reviews Before the PIP?

This is something worth paying attention to.

Suppose you've consistently received strong performance evaluations and then suddenly receive a PIP accusing you of serious performance problems.

That doesn't automatically make the PIP unlawful. Managers change, expectations evolve, and legitimate performance concerns can develop.

However, the timing becomes more important if the sudden change follows something else.

For example:

• You complained about discrimination.
• You reported harassment.
• You raised concerns about unpaid wages.
• You requested medical leave.
• You requested a disability accommodation.
• You participated in an internal investigation.
• You reported conduct you believed was unlawful.

A sudden shift from positive performance reviews to documented disciplinary problems after protected activity may deserve closer examination.

Workplace Retaliation in Colorado – April 2026 Blog

Can a Performance Improvement Plan Be Retaliation?

Potentially, depending on the circumstances.

Federal and Colorado employment laws prohibit employers from retaliating against employees for engaging in certain legally protected activities.

Retaliation doesn't always begin with termination.

Depending on the circumstances, an employee may experience escalating discipline, negative evaluations, undesirable assignments, reduced opportunities, or other workplace actions after exercising protected rights.

Therefore, the timeline surrounding a PIP can be important.

Consider an employee who reports workplace discrimination and previously had no significant documented performance problems. Several weeks later, that employee suddenly receives a lengthy PIP alleging problems dating back months.

That sequence doesn't automatically prove retaliation. However, it may raise questions about why the disciplinary action occurred when it did.

The U.S. Equal Employment Opportunity Commission provides additional information about retaliation protections under federal employment discrimination laws.

EEOC – Retaliation

What If My PIP Started After I Took Medical or Family Leave?

This is another situation employees should examine carefully.

Eligible employees may have job-protected leave rights under the federal Family and Medical Leave Act (FMLA). Employers generally cannot retaliate against employees for exercising protected FMLA rights.

If performance concerns existed before leave was requested, an employer may still address legitimate problems.

However, if your employment record suddenly changes after you request or return from protected leave, the timing may become relevant.

For example, an employee might return from approved medical leave and suddenly receive:

• New performance criticisms
• Unrealistic deadlines
• Increased scrutiny
• A negative evaluation
• Reduced responsibilities
• A PIP

Again, none of these actions automatically establishes an FMLA violation. The facts and reasons behind the employer's actions matter.

U.S. Department of Labor – Family and Medical Leave Act

Should I Sign a Performance Improvement Plan?

Employees frequently worry that signing a PIP means they are admitting everything written in the document is true.

Before signing anything, read the document carefully and determine what your signature actually represents.

For example, the document may state that your signature merely confirms that you received the PIP rather than that you agree with every allegation.

If you disagree with the document, don't assume that refusing to sign automatically protects you either. Employers may have policies governing acknowledgment of disciplinary documents.

The safest approach is to understand exactly what you're being asked to sign and keep a copy of the document for your records.

If the PIP contains serious allegations or you believe it may relate to discrimination, retaliation, protected leave, or another employment-law issue, you may want to speak with an employment attorney before deciding how to respond.

What If the PIP Contains Information That Isn't True?

Don't ignore inaccuracies.

A PIP can become part of your employment record and may later be used to support additional disciplinary action or termination.

If you believe statements in the document are inaccurate, consider documenting your concerns professionally.

For example, preserve information that may contradict the allegations, such as:

• Previous performance reviews
• Sales reports
• Productivity reports
• Emails praising your work
• Awards or recognition
• Project results
• Attendance records
• Written communications from supervisors

The goal isn't to start a fight with HR.

The goal is to understand the allegations and preserve information that accurately reflects what occurred.

Should I Respond to the PIP in Writing?

That depends on the circumstances.

A professional written response may sometimes help clarify factual disagreements or create a record of concerns.

However, emotional responses can create additional problems.

If you respond, focus on facts.

Instead of writing:

"My manager has always hated me, and this whole thing is ridiculous."

A factual response might identify specific performance metrics, previous evaluations, dates, emails, or other information that directly addresses the employer's claims.

Keep the communication professional and assume that anything you submit could later become part of your employment record.

Start Building a Timeline

If you're concerned that your PIP may be connected to something other than legitimate performance issues, create a timeline.

Write down important dates involving:

• Performance reviews
• Complaints to HR
• Requests for leave
• Accommodation requests
• Wage complaints
• Changes in management
• Disciplinary meetings
• Changes to your schedule
• Changes to your pay
• The date you received the PIP

A timeline can help show whether seemingly separate workplace events are actually connected.

For example:

January: Positive performance review
February: Employee reports harassment
March: Supervisor begins documenting performance concerns
April: Employee receives PIP
May: Employee is terminated

That timeline doesn't automatically establish unlawful retaliation, but it provides much more context than simply saying, "I was fired for poor performance."

Document Changes to Your Pay, Hours, or Responsibilities

Sometimes a PIP isn't the only change occurring.

An employee may also experience:

• Reduced hours
• Schedule changes
• Lost responsibilities
• Reduced commissions
• Reassignment
• Removal from important projects

These changes may be legitimate business decisions. However, if several negative employment actions begin around the same time, documenting them can help establish a clearer picture of what happened.

Can My Employer Change My Pay, Hours, or Schedule Without Notice in Colorado?

Be Careful About Taking Company Information

Employees should document their own employment situation, but that doesn't mean taking confidential company files, customer information, trade secrets, or records they aren't authorized to possess.

There is an important difference between preserving documents you legitimately have access to,such as your own performance reviews or communications—and improperly removing confidential company information.

If you're unsure what you should retain, consider getting legal advice rather than assuming everything on your work computer belongs in your personal records.

Can My Employer Fire Me While I'm on a PIP?

A PIP itself generally does not create automatic job protection.

Colorado is generally an at-will employment state, meaning an employer or employee can typically end the employment relationship without advance notice or cause, subject to important exceptions.

An employer still cannot terminate someone for an unlawful reason.

For example, termination may raise legal concerns if it is based on unlawful discrimination or retaliation for exercising legally protected rights.

That's why the reason behind the termination—and the evidence supporting that reason, can matter as much as the existence of the PIP itself.

Existing Wrongful Termination Page or Blog

What Happens If the PIP Ends in Termination?

If the employer determines that the employee did not satisfy the PIP, termination may follow.

At that point, employees should preserve:

• The original PIP
• Performance evaluations
• Written responses
• Relevant emails
• Termination paperwork
• Final pay information
• Any severance agreement offered

If the employer offers severance, don't assume you need to sign immediately.

A severance agreement may contain a release of employment-related claims or other ongoing obligations.

Should I Sign a Severance Agreement Before Talking to an Employment Lawyer in Colorado?

When Should You Talk to an Employment Lawyer About a PIP?

Not everyone placed on a performance improvement plan needs an attorney.

However, there are situations where getting legal guidance earlier may be useful.

Consider speaking with an employment lawyer in Denver if:

• The PIP followed a discrimination or harassment complaint.
• You recently requested FMLA leave.
• You requested a disability accommodation.
• You reported wage violations.
• Your previous reviews were consistently positive.
• The allegations appear demonstrably false.
• You believe different standards are being applied to you.
• Management has suggested termination is coming.
• You're being asked to sign additional employment documents.
• You believe the company is retaliating against you.

Getting advice while you're still employed may give you more time to understand your options and avoid decisions that could unnecessarily complicate the situation.

Employment Law Services Page

A PIP Doesn't Automatically Mean You're Getting Fired,But Don't Ignore It

Being placed on a performance improvement plan can be stressful, especially when it comes without warning.

A PIP may be a legitimate opportunity to improve. It may also be the beginning of a disciplinary process that leads to termination.

The important thing is not to panic—and not to ignore it.

Read the document carefully. Understand the expectations. Preserve relevant records. Pay attention to the timeline surrounding the PIP. And if something about the situation doesn't add up, consider getting advice before the situation progresses further.

At Mitchiner Law, we help employees throughout Denver and Colorado understand their rights involving workplace retaliation, discrimination, medical leave, wage disputes, wrongful termination, severance agreements, and other employment-law matters.

If you've recently been placed on a PIP and are concerned about why it happened or what may happen next, contact Mitchiner Law to discuss your situation.

Contact Mitchiner Law