Litigation Lens: PIPs Under the Microscope—Adverse Action or Management Tool?

In this episode of our Litigation Lens podcast series, shareholders Michael Nail (Greenville) and Sarah Zucco (New York) examine a recent First Circuit decision addressing whether placing an employee on a performance improvement plan (PIP) constitutes an adverse employment action under the Supreme Court’s Muldrow standard. The speakers discuss the specific factors courts will weigh when evaluating PIPs and offer practical guidance for employers on structuring performance management processes to reduce litigation exposure.

You can listen to Litigation Lens: PIPs Under the Microscope—Adverse Action or Management Tool? online on Radio and Podcast. Open the player on this page to stream the available audio.

Litigation Lens: PIPs Under the Microscope—Adverse Action or Management Tool? is an episode from Ogletree Deakins Podcasts by Ogletree Deakins.

This episode is 16:33 long.

This episode was published on May 7, 2026.

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