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I was issued a Performance Improvement Plan (PIP) today;

Customer Question
I was issued a...

I was issued a Performance Improvement Plan (PIP) today; however, I have not signed yet. I feel my disability of ADHD has played a part in the issuance of the PIP. I have not notified my employer yet of my disability. Should I tell them (HR department) of my disability before signing?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Austin, Texas

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Its full time, but I am not sure of "at will". I would need to review paperwork

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just I feel the PIP is singling me out, because I was outspoken about early morning meeting times, and other management decisions

Submitted: 11 months ago.Category: Employment Law
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8/1/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 11 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,387
Experience: Significant experience in all areas of employment law.
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Hello and welcome. I'm very sorry to hear about this PIP.

First, it is important to understand that having a disability does not mean your employer cannot hold you to the same performance standards of other employees. A disabled employee who is not meeting the employer's standards (however arbitrarily set) can be terminated even if the reason for the difficulty is the employee's disability. Having a disability and informing your employer of it means that you are entitled to reasonable accommodations that will enable you to do your job. Thus, if there are certain changes to your position that would make your ADHD less of an issue, your employer is required to accommodate you unless doing so will cause them to suffer undue hardship.

So, if there are accommodations that would help you out here, then by all means it would be prudent to notify your employer of your disability and that you are requesting particular accommodations. However, you must also understand that informing your employer of your disability does not in itself provide you with any sort of job protection, since as explained above your employer can still take adverse employment action against you based on perceived performance issues caused by your disability. So, whether to raise the issue of disability is a judgment call that most likely turns on whether you genuinely believe your employer can accommodate you in a way that will improve your performance.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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