Performance Improvement Plan Lawyers Calgary
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We are dedicated workplace lawyers for employees and employers in Alberta with experience in performance improvement plans.
Whether you have just received a performance improvement plan or have been terminated or demoted following one, we are here to help.
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common performance improvement plan Questions
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Navigating any employment law issue can feel daunting when you’re doing it alone. We’re here to offer you the knowledge and adept guidance with Alberta’s Employment Standards Code.
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A performance improvement plan is a formal document that an employer uses to notify an employee that their work performance has been identified as falling below the required standard. It typically sets out the areas of concern, the expectations going forward, and a timeline for demonstrating improvement.
In Alberta, performance improvement plans are used for a range of issues, from attendance and communication to technical knowledge and leadership. In theory, a well-designed PIP gives an employee a genuine opportunity to address shortcomings before more serious consequences follow.
Learn more about performance improvement plans in our Knowledge Centre
Not necessarily, but it is a serious warning that your employment may be at risk. A PIP does not, on its own, give an employer the right to terminate or demote you. Before an employer can take either of those steps based on performance, the law imposes several important requirements. Whether those requirements were met is where most of the legal action happens.
Alberta courts and adjudicators have consistently held that to justify an adverse employment action based on incompetence or poor performance, an employer must establish the following:
-The employee was given an objective performance standard
-The employee was told they were not meeting that standard
-The employee was given a real opportunity to improve
-The performance was grossly deficient or the misconduct serious and sustained
-Progressive discipline was followed
-Other options were considered before reaching for termination or demotion
If an employer cannot satisfy these requirements, the termination or demotion may not be legally defensible.
Yes. If an employer terminates you following a PIP but cannot meet the legal threshold for just cause, you are entitled to full severance under Alberta’s Employment Standards Code and at common law. A demotion following a PIP can also give rise to a constructive dismissal claim where the change in role and compensation is significant and the employer’s conduct in the performance management process was unreasonable or procedurally unfair.
Learn more about wrongful dismissal Learn more about constructive dismissal
Frequently asked questions about Performance Improvement Plans in Alberta
Signing a PIP generally means you acknowledge having received and read it, not that you agree with its contents. Most PIPs include language to that effect. However, you should read the document carefully before signing, because some contain admissions or waivers you may not be comfortable with. If you have concerns about the language in a PIP, getting legal advice before signing is a reasonable step.
An employer can attempt to dismiss you for cause following a PIP, but the legal threshold is high. The employer must establish that it set clear, objective performance standards, communicated them to you, gave you adequate time and support to improve, and that your performance was genuinely and seriously deficient. If the PIP relied on subjective or shifting expectations, was administered by a manager who had prejudged the outcome, or was used to build a paper trail toward a predetermined result, a court or adjudicator may find the dismissal was unjust.
Yes, but the same legal requirements apply. A demotion following a PIP must be a proportionate and genuine administrative response to legitimate performance concerns, not a disguised form of discipline. Where the impact of the employer’s decision is significantly disproportionate to the stated administrative rationale, the outcome can be treated as disciplinary in nature regardless of how the employer labels it.
In some circumstances, yes. If a PIP imposes unreasonable or fundamentally altered working conditions, such as stripping an employee of responsibilities, placing them under constant surveillance, or setting impossible standards, it may cross the line into constructive dismissal. The same is true if the employer changes the employee’s role so significantly in connection with a PIP that the job being assessed is materially different from the one originally accepted.
Start by reading the PIP carefully and noting whether the expectations it sets are specific and measurable, or vague and subjective. Keep records of your own communications, including evidence of work you completed and positive feedback you received. Engage with the process in good faith and document your efforts in writing. If you have genuine confusion about what is being asked of you, raise it clearly and in writing with your manager. Most importantly, consider speaking with an employment lawyer early, before the PIP period concludes, rather than waiting to see how it resolves.
A PIP does not exist in a legal vacuum. If the decision to place you on one was connected, even partly, to a protected characteristic under the Alberta Human Rights Act, the legal analysis changes considerably. Protected grounds include disability, mental health conditions, age, gender, pregnancy, family status, and race, among others.
Where a disability or medical condition is contributing to the performance issues cited in the PIP, the employer has a legal duty to accommodate that condition to the point of undue hardship before proceeding with discipline or termination. These two avenues are distinct and can be pursued simultaneously. Note that complaints to the Alberta Human Rights Commission must generally be filed within one year of the discriminatory act, so getting legal advice early matters.
We recommend getting legal advice before the PIP period concludes rather than waiting to see how it resolves. Understanding your rights, asking the right questions early, and getting advice before things escalate can make a significant difference in the outcome. If you have already been terminated or demoted, contact us as soon as possible, as limitation periods apply.
We have a solution.
Our dedicated lawyers are here to provide clear, actionable guidance tailored to your specific situation. Whether you have just received a performance improvement plan or have been terminated or demoted following one, we offer insightful analysis and strategic guidance to help you understand your rights and options. With a commitment to delivering clarity and effective representation, we work to resolve your employment law concerns efficiently and favourably. Trust us to be your knowledgeable partner in achieving the best possible outcome.
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INTEGRITY
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Maintaining the highest standards of honesty and transparency is the cornerstone of our services. Every case we handle is approached with respect for all parties involved.
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Bringing clarity to the unknown.
We know that workplace issues are full of uncertainty, so we bring clarity to your situation, with constructive options for moving forward.
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Employees and employers both deserve fairness in workplace issues. We advocate strongly with the goal of achieving the right outcome.
Our areas of expertise in employment law
Unsure of your rights after receiving a PIP or being terminated following one? Struggling with a workplace conflict?
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