Legal PIP Document

PERFORMANCE IMPROVEMENT PLAN (PIP)

This Performance Improvement Plan (the "Plan") is made effective as of by and between Employer Name: and Employee Name: .

RECITALS

WHEREAS, Employer has identified specific performance deficiencies by the Employee that require documented corrective action in order to meet the requirements of the Employee's position;

WHEREAS, the parties desire to set forth clear objectives, standards, support resources and review procedures so that the Employee is afforded a reasonable opportunity to demonstrate satisfactory performance;

WHEREAS, the parties intend that this Plan will constitute the conditions for continued employment during the Plan Period and that noncompliance may result in disciplinary action up to and including termination of employment.

NOW, THEREFORE

In consideration of the mutual promises contained herein, the parties agree as follows:

1. DEFINITIONS AND PLAN PERIOD

1.1 Definitions. For purposes of this Plan, "Plan Period" means the period beginning on the Start Date and ending on the End Date set forth below.

Start Date:   End Date:

2. PERFORMANCE CONCERNS

2.1 Stated Deficiencies. The Employer identifies the following specific, material deficiencies in the Employee's performance that form the basis for this Plan. These deficiencies are not exhaustive but are illustrative and subject to objective measurement during the Plan Period.

3. IMPROVEMENT OBJECTIVES AND MEASURABLE STANDARDS

3.1 Objectives. The Employee is required to achieve the following objectives. Each objective is accompanied by a measurable standard and an expected completion or review timeline.

3.2 Additional Objectives. Employer may document additional measurable objectives in writing during the Plan Period, which will become part of this Plan upon delivery to the Employee.

4. ACTIONS REQUIRED OF THE EMPLOYEE

4.1 Employee Responsibilities. The Employee shall take the actions set forth below and shall meet or exceed the measurable standards established for each objective. Failure to perform these actions or to meet the standards shall constitute a breach of this Plan.

5. EMPLOYER SUPPORT, TRAINING AND RESOURCES

5.1 Support. Employer shall provide the following support, training, or other resources to assist Employee in achieving the objectives. The Employer's obligation is limited to reasonable efforts and documented offerings of assistance.

6. MONITORING, REVIEW AND REPORTING

6.1 Reviews. Employee performance will be reviewed at regular intervals during the Plan Period. Reviews will be conducted by the Supervisor identified below and will assess progress against each measurable standard.

Supervisor Name:   Review Frequency:

7. CONSEQUENCES OF NON-COMPLIANCE

7.1 Discipline. If the Employee fails to satisfy the measurable standards set forth herein within the Plan Period, Employer may impose corrective or disciplinary action, up to and including termination of employment. The determination of whether standards have been met will be made in Employer's reasonable discretion based on documented evidence of performance.

7.2 No Waiver. The Employer's decision to provide this Plan is not a waiver of any rights the Employer may have under applicable employment policies or law.

8. CONFIDENTIALITY; NATURE OF PLAN

8.1 Confidentiality. The parties agree that the contents of this Plan, and any documentation prepared in connection with it, are confidential and shall be disclosed only to persons with a need to know in connection with legitimate business purposes, except as required by law.

8.2 Employment Status. Nothing in this Plan shall be construed to modify the at-will nature of the Employee's employment unless a separate, signed written agreement expressly states otherwise.

9. NOTICES

All notices required or permitted under this Plan shall be in writing and delivered to the parties at the addresses set forth below, or to such other address as either party may designate by written notice.

10. AMENDMENTS; WAIVER; COUNTERPARTS

10.1 Amendments. Any amendment to this Plan must be in writing and signed by both parties. 10.2 Waiver. No failure or delay by either party in exercising any right shall operate as a waiver. 10.3 Counterparts. This Plan may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

11. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

11.1 Governing Law. This Plan shall be governed by and construed in accordance with the substantive laws of the state specified below without regard to conflict of law principles.

Governing Law State:

11.2 Entire Agreement. This Plan contains the entire agreement between the parties with respect to the subject matter addressed herein, and supersedes all prior and contemporaneous agreements, understandings and representations, whether written or oral.

11.3 Severability. If any provision of this Plan is held invalid or unenforceable, the remainder of this Plan shall remain in full force and effect and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable.

12. ACKNOWLEDGMENT

By signing below, the Employee acknowledges receipt of this Plan, understands the performance expectations and measurable standards set forth herein, and understands the consequences of failing to meet those standards.

Employee acknowledges receipt of this Plan

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