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I have been working for 1.5 years for this corporation (private, non unionized). I was put on a 30-day PIP as of 2 weeks ago (ending next week). The PIP is set up for failure, as the goals are unachievable in the 30-day time period, and some are unrealistic altogether. It is highly likely that the company might terminate me at the end of this PIP period, or change my employment conditions. Because of the whole situation and the tense and toxic environment created by my manager, I am going through a great deal of mental stress and burnout.
My question is which one of these options makes more sense: 1) plow through and try to make it to the end date, see if they terminate me (and whether it's with a proper severance package), or let me continue employment there (still in a toxic environment). Apply for jobs in parallel to get out as soon as possible (case for constructive dismissal?). 2) Consult a doctor about my mental health and see if I am eligible for a medical LOA during the PIP, to give me some breathing room and buy me time to apply for jobs. Once I have an offer, present my resignation. (case for constructive dismissal?)

Thank you for your question.

What you have described is a common experience for many clients of ours. PIPS are often issued in bad faith and with no genuine intention of continuing the employment relationships.

Typically, you do not want to resign if the company may terminate your employment anyway. If you resign, you could be giving up a significant severance entitlement. If the company terminates your employment and alleges just cause, we can help you pursue a severance package. It is very difficult for an employer to assert just cause on the basis of a PIP.

This is not necessarily the best option for you, so in order to determine what is your best way forward, it is strongly recommended that you contact us at the number below for a consultation as soon as possible, and before you take any action.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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