A performance plan is either a genuine attempt to fix a problem or a pre-termination formality, and litigation reveals which.
Specific and measurable objectives. Not improve communication, but complete the weekly report by Friday with the defined content, for eight consecutive weeks. Vague objectives cannot be met and cannot be shown to have been missed.
Realistic duration. Long enough for the employee to demonstrate change, usually thirty to ninety days depending on the role and the objective.
Support identified. Training, mentoring, resources or reduced workload, provided rather than listed.
Scheduled check-ins that actually occur, with brief notes. A plan with no recorded interim meetings is transparent.
Consequences stated clearly, including that failure may result in termination.
Employee input. An opportunity to comment or to identify obstacles, recorded.
Follow the plan. Terminating before the period ends, without a new event, undermines the entire record. Extending indefinitely does too.
Success. Where the employee meets the objectives, close the plan in writing. A plan that is met and never closed, followed by a termination months later, is used as evidence.
Before starting. Confirm the plan is not being commenced shortly after a complaint, a leave request or an accommodation request.