Are electronically signed PIPs legally binding?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws, provided the signature demonstrates intent, consent, attribution, and record retention capability.

What if an employee refuses to sign the PIP?

Document the refusal in writing, continue the review process, and have a witness note the discussion. A refusal does not necessarily invalidate the PIP if the employer can show the plan was issued and communicated.

Do PIPs require notarization or witnesses?

No. PIPs are internal employment documents and typically do not require notarization or witnesses unless state law or a specific organizational policy requires it for particular actions.

How should I handle PIPs that include medical information?

Limit medical details, store PHI securely, and involve HR or privacy officers; use a BAA with vendors handling PHI to maintain HIPAA compliance where applicable.

Can a PIP be used as evidence in termination cases?

Yes. A well-documented PIP with objective metrics, documented support, and consistent application strengthens the employer's position in disputes or litigation.

How do I amend or extend a PIP?

Document any amendment in writing, include reasons for change, obtain signatures from the same parties, and retain the previous version for audit continuity.

Electronic Signature
Templates
HR
Employee Performance Improvement Agreement

Employee Performance Improvement Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

EMPLOYEE PERFORMANCE IMPROVEMENT AGREEMENT

Employee Information

Employee Name:

Home Address Phone Email

Position Information

Job Title Department Reporting Manager Employment Start Date Current Compensation

Employment History (Most Recent)

Employer 1 - Company Name Title Dates Employed Primary Responsibilities Reason for Leaving Employer 2 - Company Name Title Dates Employed Primary Responsibilities Reason for Leaving

Education

Degree Institution Graduation Date

Professional References

Reference 1 Reference 2 Reference 3

Performance Concerns

This Performance Improvement Agreement ("Agreement") documents specific performance deficiencies observed by the Employer and establishes measurable objectives, management support, and review dates. It is not a guarantee of continued employment. The performance issues to be addressed are listed below.

Documented Performance Deficiencies

Performance Objectives and Measures

For each deficiency above, the Employer and Employee agree to the following measurable objectives and performance metrics. Objectives must be specific, measurable, achievable, relevant, and time-bound.

Objective 1 — Measure and Success Criteria Objective 2 — Measure and Success Criteria Objective 3 — Measure and Success Criteria

Action Plan and Employer Support

The Employer will provide training, coaching, resources, and a schedule of check-ins to support the Employee in meeting the objectives specified above. The Employer's obligations are described below.

Training / Resources to be Provided Supervisor Actions (meetings, coaching frequency)

Review Schedule and Monitoring

PIP Start Date Planned Review Dates

Monitoring methods (check all that apply):

Weekly supervisor meetings Daily activity logs / reports Documented observations / performance metrics

Consequences

Failure to achieve the objectives and measures set forth in this Agreement within the review period may result in corrective action up to and including reassignment, demotion, or termination of employment. Any discipline will be administered in accordance with Employer policy and applicable law.

Legal Statements

At-Will Employment: Nothing in this Agreement alters the at-will nature of employment. Either the Employee or the Employer may terminate the employment relationship at any time, with or without cause and with or without notice, except as limited by law or a separate written agreement.

Equal Employment Opportunity: The Employer prohibits unlawful discrimination and retaliation. This Agreement shall be administered in a manner consistent with applicable federal, state, and local laws prohibiting discrimination.

Employee Certification and Authorization

I certify that all information provided in this Agreement and any attached documentation is true and complete to the best of my knowledge. I authorize the Employer to contact references and prior employers for purposes related to this Agreement and acknowledgment of my employment record. I understand that I may present any documentation or explanation I deem relevant for the review process.

Employee Comments

Acknowledgement

By signing below, the parties acknowledge that they have read and understand this Agreement. The Employee's signature acknowledges receipt of this document and participation in the review and improvement process, not necessarily agreement with its contents.

Employee Name:

By:

Date:

Employer Representative:

By:

Date:

What the Employee Performance Improvement Agreement Is

An Employee Performance Improvement Agreement (PIP) documents specific performance concerns, measurable improvement objectives, and a clear timeline for review. It formalizes expectations, identifies employer-provided supports such as coaching or training, and sets the criteria used to evaluate progress. A properly drafted PIP helps managers track performance objectively, gives employees an opportunity to correct deficiencies, and preserves a record that may be needed for future HR actions, including disciplinary steps or termination.

Why a Formal PIP Matters for Employers and Employees

A written PIP clarifies expectations, reduces ambiguity, and creates an auditable record for compliance and fair-process reasons. It can reduce legal risk by showing documented efforts to support improvement and provides a structured path for remediation within employment law boundaries.

Who Typically Prepares and Uses a PIP

Human resources and direct managers prepare and maintain PIPs as part of routine performance management.

HR departments: Draft standard templates, ensure policy alignment, and retain final agreements in personnel files.
Direct supervisors: Identify performance gaps, set objectives, and conduct periodic review meetings with the employee.
Legal / compliance: Review PIPs in high-risk cases to reduce discrimination or wrongful-termination exposure.

Use PIPs consistently across similar cases to maintain fairness and to support defensible personnel decisions.

Essential Sections to Include in a Professional PIP

A complete PIP is concise but specific: it identifies deficiencies, measurable goals, support resources, evaluation methods, and consequences if improvement is not achieved.

Performance Issues

Describe specific, recent examples of deficient performance or conduct with dates and objective facts to avoid vague assertions.

Improvement Objectives

List measurable goals and success criteria (targets, quotas, quality metrics) so progress is objectively verifiable by all parties.

Timeline

Specify a clear improvement period and key milestone dates for midpoint and final reviews to create predictable evaluation points.

Support & Training

Document employer-provided coaching, training, or resources and frequency of support to demonstrate good-faith assistance.

Monitoring

Explain how performance will be measured, who will review it, and how evidence will be recorded during the PIP period.

Consequences

State possible outcomes, including return to regular status, extension, reassignment, or termination if objectives are not met.

Recordkeeping and Security Considerations

ESIGN / UETA: Electronic signatures accepted under ESIGN and UETA

Audit Trail: Timestamps, IP, and action history retained

HIPAA Consideration: BAA required if PIP contains protected health information

Encryption: AES-256 at rest; TLS 1.2/1.3 in transit

Access Control: Role-based access and authentication

Retention Policy: Secure archival with controlled retrieval

Step-by-Step: Preparing and Issuing a PIP

Follow a short, consistent process to prepare, review, and issue a PIP and to document follow-up activity for compliance and fairness.

01

Gather Evidence: Collect recent performance data, dates, and examples supporting the concerns.
02

Draft Plan: Write measurable objectives, timeline, support, and evaluation criteria.
03

Meet Employee: Review the PIP in person or via secure video to explain expectations.
04

Monitor & Document: Track progress, hold midpoint reviews, and record outcomes.

Configuring an Online PIP Workflow

Set simple workflow rules for template use, signer order, authentication, reminders, and secure storage when using an eSignature platform.

Workflow Field and Configuration Guide	Column headings describe the configuration elements and recommended values.
Document Template	Use a standardized PIP template with editable fields and version control.
Signer Order	Manager signs first, then employee, then HR for acknowledgment.
Authentication Method	Email link or SMS code; use stronger verification for sensitive cases.
Reminders	Enable automated reminders at midpoint and final-review dates.
Storage Location	Store signed PIP in encrypted HR personnel file archive.

Typical Electronic PIP Workflow

A digital PIP workflow lets you prepare the form, collect secure signatures, and retain a complete audit trail without paper handling.

Create Template: Upload and tag required fields in the PIP document.
Add Signers: Assign manager, employee, and HR in the signing order.
Send for Signature: Dispatch secure signing links or require authenticated sign-in.
Archive Record: Save signed PIP and audit trail in HR storage.

Technical Considerations for eSubmission and Integration

Choose a platform that supports common integrations, secure storage, and compliance features appropriate to your organization.

Integrations: Salesforce, NetSuite, Google Workspace, Microsoft 365 are common connectors
File Formats: Accepts PDF, DOCX, and converts to compliant signed PDF
Authentication: Email link, SMS code, or stronger signer verification available

Ensure the platform supports audit trails, role-based access, and export to secure HR archives to meet internal recordkeeping rules.

Practical Timelines and Typical Deadlines for a PIP

Timelines vary by policy and role; below are common scheduling points to include when you issue a PIP.

Issue Meeting:

Hold initial PIP meeting within three business days of decision.

Improvement Window:

Common periods: 30, 60, or 90 days depending on role and severity.

Midpoint Review:

Schedule a midpoint check at roughly half the improvement period.

Final Review:

Conduct final evaluation on the PIP end date and document outcome.

Extension Consideration:

Extensions require documented rationale and a revised timeline.

Common Mistakes to Avoid When Preparing a PIP

Using vague descriptors instead of measurable goals undermines enforceability and invites dispute.
Failing to document support provided makes it harder to show good-faith efforts to assist the employee.
Treating PIPs inconsistently across employees increases risk of discrimination or disparate-treatment claims.
Relying on oral promises without attaching them to the written PIP makes follow-up and enforcement difficult.

Risks and Legal Consequences of an Improper PIP

Wrongful Termination: Potential lawsuit if PIP process was biased

Discrimination Claims: Unequal treatment can trigger EEOC complaints

Unenforceable Terms: Ambiguous objectives may nullify PIP outcomes

Lost Evidence: Poor recordkeeping weakens employer position

Privacy Breach: Improper PHI handling can violate HIPAA

Regulatory Penalty: Industry regulators may cite documentation failures

Real-World Examples of Digital PIP Use

Organizations use digital PIPs to accelerate agreement, centralize evidence, and reduce administrative friction while preserving audit trails.

Optica Ventures

The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

Used digital PIP templates to standardize manager documentation across locations.
Centralized records reduced time spent locating signed agreements and improved consistency in follow-up actions across the company.

Martin Properties

I can process and execute all of these documents online with 100% compliance and built-in security.

Adopted e-signed PIPs to document poor contractor performance and corrective steps.
The team reports faster resolution and clearer handoffs between property managers and corporate HR when tracking remediation outcomes.

FAQs and Troubleshooting for PIPs and eSignatures

Answers to common legal and practical questions when using electronic PIPs, including enforceability, signature refusal, and record retention.

Need help? Contact support

Are electronically signed PIPs legally binding?
Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA laws, provided the signature demonstrates intent, consent, attribution, and record retention capability.
What if an employee refuses to sign the PIP?
Document the refusal in writing, continue the review process, and have a witness note the discussion. A refusal does not necessarily invalidate the PIP if the employer can show the plan was issued and communicated.
Do PIPs require notarization or witnesses?
No. PIPs are internal employment documents and typically do not require notarization or witnesses unless state law or a specific organizational policy requires it for particular actions.
How should I handle PIPs that include medical information?
Limit medical details, store PHI securely, and involve HR or privacy officers; use a BAA with vendors handling PHI to maintain HIPAA compliance where applicable.
Can a PIP be used as evidence in termination cases?
Yes. A well-documented PIP with objective metrics, documented support, and consistent application strengthens the employer's position in disputes or litigation.
How do I amend or extend a PIP?
Document any amendment in writing, include reasons for change, obtain signatures from the same parties, and retain the previous version for audit continuity.

Comparing eSignature Pricing and Key Features

Basic vendor pricing and feature comparisons for eSignature platforms commonly used to issue and manage PIPs; signNow is listed first per vendor comparison conventions.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	Yes
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

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