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When Is a PIP an Adverse Employment Action?

By Terrence P. McCourt on July 16, 2026
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A performance improvement plan — also referred to as a “PIP” — is a human resources tool commonly used by employers. As illustrated by the recent decision in Walsh v. HNTB Corporation, 169 F.4th 330 (1st Cir. 2026), not all PIPs are created equal in evaluating when they may serve as a basis for an employment discrimination claim.

Read “When Is a PIP an Adverse Employment Action?” authored by Terence P. McCourt and published in Massachusetts Lawyers Weekly. (subscription) 

Link to Click here to download the PDF. Click here to download the PDF.

Photo of Terrence P. McCourt Terrence P. McCourt

Terence P. McCourt is Co-Managing Shareholder of the Boston office and Chairman of its Labor & Employment Practice. He also co-chairs the firm’s Labor & Employment Practice’s Labor-Management Relations group. He represents a broad range of organizations in all facets of management-side labor

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Terence P. McCourt is Co-Managing Shareholder of the Boston office and Chairman of its Labor & Employment Practice. He also co-chairs the firm’s Labor & Employment Practice’s Labor-Management Relations group. He represents a broad range of organizations in all facets of management-side labor and employment law. During more than two decades of practice, Terry has gained a national reputation for his practical, strategic approach to employment law issues.

With wide-ranging litigation experience, Terry handles diverse employment matters, including employment discrimination and wrongful termination cases in state and federal courts, wage and hour compliance, labor arbitration cases, non-competition cases, internal corporate investigations, and National Labor Relations Board proceedings. He also counsels employers concerning day-to-day human resources issues as well as myriad legal requirements in the workplace, particularly related to significant operational changes such as mergers, acquisitions, business relocations or reductions in force.

Terry has wide-ranging governmental experience as the former Deputy Chief Legal Counsel to the Governor of Massachusetts and General Counsel to the Massachusetts Secretary of Labor.

Read more about Terrence P. McCourtEmail
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  • Posted in:
    Employment & Labor
  • Blog:
    GT L&E Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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