The Lyman Firm - For Employee Rights

Most people are told a Performance Improvement Plan is a chance to fix things and get back on track.

Sometimes that’s true.

But in many cases, it’s the beginning of the end.

By the time a PIP is put in place, the decision may already be heading in one direction — and the process becomes about documenting that outcome.

That doesn’t mean every PIP is improper. But it does mean you should approach it carefully, understand what’s happening, and protect yourself.

If you’ve been placed on one, the details matter more than you think.

Most people think legal cases are decided simply by applying the law to the facts and reaching an outcome.

In reality, a lot of the result is shaped much earlier, through how the case is framed, how the story is told, and how a series of overlapping negotiations play out between the different players involved.

I wrote this piece a while back breaking down some of those “hidden” dynamics that often end up deciding these cases.

Worth a read if you’re curious how these cases actually play out in practice.

The hidden negotiations that decide your employment case The hidden negotiations that decide your employment case Shaping case outcomes through tactical empathy and strategic framing Dan Lyman 2025 September Litigation doesn’t begin or end in the courtroom. It lives in a network of negotiations most lawyers never see. Too many focus exclusively on their...

Considering current events, for our next installment in our series on “protected characteristics” or “protected activities,” we thought it appropriate to remind everyone of the workplace protections afforded to women in California who become pregnant, give birth, or have an abortion.  And to be clear, these protections will still exist even if Roe v. Wade is overruled.
 
Your “s*x” is a “protected characteristic,” which means that your boss cannot treat you badly because of your “s*x” without potentially violating anti-discrimination/retaliation laws. 
 
“Sex” is defined in the law to include pregnancy, childbirth, breastfeeding, and any medical conditions related to the pregnancy including having an abortion.  This means that a boss cannot take an adverse action against you because of any of these without committing s*x discrimination and/or retaliation. 
 
Women who become pregnant, give birth, or seek medical treatment for these things should be aware that they are likely entitled to protected time off under a patchwork of state, local, and federal laws, which we’ll outline in detail in another post. 
 
In short, pregnancy triggers a host of protections under California and Federal law, protections that will remain intact in a post-Roe v. Wade era.  If you believe your employer may be offending any of these protections, you should contact a lawyer to discuss your situation.

Human Resources (HR) is a valuable part of the employment team and any company’s leadership. Their role includes answering questions about your compensation, recruiting and hiring new employees, and acting as an intermediary between employees and management. While their role is highly important for you as an employee, there are some things to be aware of in your interactions with HR. Here are a few key things to remember and prepare for when working with HR:

- HR’s primary goal is to protect the company.  If HR thinks you are raising something that could expose the company to legal liability, they will manage the situation in way that minimizes that liability. This means, even if the company takes the correct action (for example, fires a s*xual harasser), they may prepare the paperwork so that risk of liability is minimized by, for example, manipulating or omitting minor facts such as when the harassment occurred, who was present, when you complained, and when the corrective action occurred.  These facts can have a huge impact on legal claims and skilled HR professionals are very aware of this. 
- Read everything you sign thoroughly and be sure to correct any misstatements or add any information that you think should be included in the paperwork. 
- Do not be afraid to refuse to sign any investigation documents if you believe they misrepresent what happened. 
- If you are asked to sign a “release” or “waiver” of any kind in exchange for payment, you should talk to an employment attorney because the company has undoubtedly realized that you have grounds to sue and are trying to cut you off.