Hard to Fire
Hard to Fire · Chapter 14 · Diagnostic

The PIP Diagnostic

Identify whether the document and surrounding conduct call for a coaching posture, a dual-track posture, or immediate defensive preparation.

These are practical issue-spotting prompts, not termination probabilities, a validated prediction model, or legal conclusions. A score gives you a response posture, not a crystal ball in business casual.

Answer Yes or No to all five. Put observable facts in the notes. Leave motive and legal conclusions out of the arithmetic.

1. Were you surprised?

Answer Yes if the PIP introduces concerns that did not appear in prior specific feedback.

2. Are the goals unmeasurable?

Answer Yes if the document lacks observable outputs, deadlines, or criteria that would prove completion.

3. Have you been isolated?

Answer Yes if meetings, projects, access, or decision rights were removed before delivery.

4. Is the timeline thirty days or less?

Answer Yes if the plan demands broad behavioral or strategic change within that window.

5. Was unfamiliar HR present?

Answer Yes if an HR representative you had not worked with joined delivery. Treat this as context, not proof of a predetermined result.

Response posture

Completion0/5 answered
ScoreNot scored
PostureFinish all five

Answer every question before using the posture. An unanswered question is not a No.

Read the score

0–1 Yes: Coaching-compatibleSeek precise expectations, resources, and written feedback while documenting progress.
2 Yes: AmbiguousPerform against measurable requirements and start contingency preparation.
3–5 Yes: Defensive postureKeep performing, but begin the first-48-hour sequence immediately.

Jared scored 5 out of 5. The score did not prove why the company acted or what a court would conclude. It showed that spending three of four weeks only arguing the merits left too many other risks unattended.

Keep four categories separate

1. The company's stated performance requirements

Record this accurately.

2. Company policy and access rules

Record this accurately.

3. Observed facts involving protected activity or status

Record this accurately.

4. Legal conclusions

The diagnostic doesn't supply this one. If it matters, ask qualified counsel.

Counsel trigger

Seek qualified employee-side local counsel before signing or missing a deadline when the PIP, a separation offer, record-ownership uncertainty, protected activity or status, disputed facts, money, rights, or restrictions could materially affect the response.

Do not assume an HR conversation is privileged or personal. It may be documented and shared. HR is not your lawyer.

Whitman Rule

When surprise, vague goals, isolation, compressed timing, and formal delivery appear together, treat the PIP as possible exit paperwork, not proof of an outcome. Perform visibly, document truthfully, and prepare quietly.