PIPs and Just Cause
30-90
Days
Typical PIP duration
4
PIP Elements
Goals, timeline, support, consequences
7
Just Cause Tests
Daugherty seven
a PIP that holds up in arbitration
PIP Anatomy
Four required elements. Skipping any one weakens the document. Side-by-side good vs bad language for each.
Specific Goals
good
Greet customers within 60 seconds
bad
Improve attitude
Timeline
good
30, 60, or 90 days
bad
"Improve soon"
Manager Support
good
Weekly 1:1s, sales coaching
bad
No support listed
Consequences
good
Termination if goals unmet
bad
Vague threat
Just Cause — The Seven Tests
From arbitrator Carroll Daugherty. Each test must be answered yes for discipline to hold up in arbitration.
- 1
Did the employer give NOTICE of the rule?
- 2
Was the rule REASONABLE?
- 3
Did the employer INVESTIGATE before discipline?
- 4
Was the investigation FAIR and objective?
- 5
Did the investigation produce PROOF?
- 6
Has the rule been applied CONSISTENTLY?
- 7
Was the PENALTY appropriate to the offense?
Exam Traps
Vague PIPs are unenforceable
"Improve attitude" cannot be measured or defended. Specific behavioral goals only — "greet customers within 60 seconds."
PIPs must include manager SUPPORT
Without coaching commitments, the PIP looks like a setup for termination. Courts and arbitrators flag this.
Just Cause has SEVEN tests
Notice, reasonableness, investigation, fairness, proof, consistency, appropriate penalty. Memorize all seven.
Off-duty conduct is generally protected
Discipline for off-duty acts requires a clear nexus to workplace or business interest. The exam tests this boundary.
Specifics or unenforceable
"Greet customers within 60 seconds" is enforceable. "Improve attitude" is not. Specifics drive PIP defensibility.
Documentation drives outcomes
Bad documentation forces bad termination decisions. Contemporaneous, specific, objective notes.
Instructor cannot just say "drive better." Vague feedback fails.
Stay within the lane lines for the next 30 driving sessions. Measurable, observable.
30 sessions over the next 60 days. Defined endpoint.
Two extra coaching sessions per week. Skill-building, not just inspection.
Failure means another instructor takes over. Clear, written, signed.
Notice given. Rule reasonable. Investigation done. Fair process. Proof. Consistent application. Penalty fits offense.
Ready to test your PHR knowledge?
1,700+ practice questions written by certified professionals.
Start Practicing PHR