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Performance Improvement Plan Drafting: Key Terms, Drafting Tips, Lawyer Help

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What is Performance Improvement Plan Drafting?

A performance improvement plan is a document that contains guidelines and instructions for underperforming employees to upskill and improve their performance in the workplace.

It requires documenting the specific performance issues needing improvement and providing measurable goals to fix them.

Read the rest of this article for clarity about what’s included in a performance improvement plan and how to draft it. We’ll also include information about how you can benefit from consulting a qualified lawyer for assistance with the drafting process.

What are Key Terms in a Performance Improvement Plan?

A performance improvement plan should include the following essential information:

  • Performance gaps. Specify the employee’s performance and how it’s not meeting the job standard as outlined by the company.
  • Goals. Clarify all objectives by providing specific and measurable tasks.
  • Duration. Explain the period during which the employee must show improvement.
  • Action plan. This is a roadmap of what tasks and actions the employee must complete to fix the issue.
  • Support. Outline how the employee will be supported, such as via mentoring or training.
  • Check-in. Progress meetings must be scheduled to evaluate progress.

How Should You Draft a Performance Improvement Plan?

A performance improvement plan should be drafted with clarity and details. Avoid any ambiguous wording that can create disputes or misaligned expectations. Here are some drafting tips.

Make Goals Specific

Make sure your goals are clearly outlined in the document, down to specific tasks that an employee has to commit to achieving. This will ensure the performance can be properly evaluated and that the employee understands what is expected of them.

Include Supporting Data

When describing the performance gaps, you should back them up with factual data, such as missed deadlines or other evidence that reflects it. Avoid anything that’s based on anecdotes or general ideas that can be confusing.

Provide Specific Assistance

The support provided to the employee must be clearly defined. List the specific tools and training that the employee will use to help them achieve their goals.

State Clear and Fair Consequences

Make sure that your performance improvement plan explains what consequences will occur if the goals aren’t achieved or if they’re only partially completed. This can include demotion or termination, but it needs to be fair to both parties.

Establish a Reasonable Deadline

The deadline that an employee has in which to complete the goals must be clearly defined. The employee should have enough time to make improvements. It’s standard for the deadline to be around 60 or 90 days.

Include Check-ins and Progress Updates

Regular feedback should be provided during the duration of the plan, such as by having weekly check-ins. You should include in the agreement that a summary of the meetings will be given to the employee to keep the plan on track.

Do You Need a Lawyer to Draft Your Performance Improvement Plan?

Although you don’t always need to hire a lawyer to draft your performance improvement plan, it can be valuable if you’re worried about not providing enough clarity in the document which can risk legal disputes or other consequences.

A lawyer can help you in various ways when drafting your performance improvement plan, such as:

  • Helping you with potential termination. If the performance improvement plan is used as a way to support a future employee dismissal, hiring a lawyer to draft it for you helps you to properly document and execute the process while protecting your interests.
  • Unpacking complex employment contracts. A lawyer will check employment agreements and company policies to ensure that the performance improvement plan doesn’t contain contradictory information.
  • Defining measurable goals. They’ll help you to establish specific and clear goals that employees can achieve.
  • Clarifying all expectations. A lawyer will identify any issues that could create misaligned expectations between parties and ensure that the plan has concrete guidelines.
  • Establishing a fair and balanced process. They’ll guide you with progress reports, employee feedback, and other tips to help you ensure that the process is fair.
  • Minimizing your litigation risk. They’ll help you to avoid inconsistent standards and vague language that can make you vulnerable to disputes with the other party.
  • Reviewing the agreement. If you’ve drafted your performance improvement plan, you should hire a lawyer to review it for you to ensure that it’s clear, specific, and fair to both parties.

Where to Find a Lawyer for Performance Improvement Plan Drafting

If you’re in need of a lawyer to draft your performance improvement plan, you don’t have to call traditional law firms in your area, which can be time consuming. Instead, you should use an online legal platform that makes it easy to access lawyers who are experienced and have legal expertise.

ContractsCounsel is one of the largest online legal marketplaces that connects you to a curated network of vetted lawyers. It’s easy to hire a lawyer to draft your performance improvement plan. Here are the steps to follow:

  1. Visit the ContractsCounsel marketplace.
  2. Select ‘One-time project’ and ‘Create or update contract.’ If you need a lawyer to review your agreement, select ‘Review contract.’
  3. Post your project for free. Include information about what you require so you can match with suitable lawyers.
  4. Wait for lawyer bids. You’ll receive bids from lawyers directly on the platform, instead of having to search for lawyers.
  5. Review the platform’s lawyer data. Information includes the lawyers’ location, years of experience, field of expertise, credentials, and client ratings for projects completed on the platform.
  6. Select a lawyer to draft or review your performance improvement plan for a flat fee.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


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