Terminating underperforming employees a delicate act (Toughest HR questions)Even if PIP is followed, courts may rule just cause doesn’t existBy Andrew Treash09/26/2011|Canadian HR Reporter|Last Updated: 09/27/2011 Question: How do you terminate an underperforming employee for cause when you haven’t done a performance improvement plan (PIP)? Answer: Even if a PIP is used, it is very difficult to terminate an employee for cause based on poor performance. However, for a termination to have any chance of being upheld in court, the basic principles of a PIP must be followed. People often associate dismissal for cause, also known as “summary dismissal,” with issues such as employee theft and dishonesty. It is not often you hear about a court finding where poor performance alone gave grounds for summary dismissal. To Read the Full Story, Subscribe or Sign In Remember Me Forgot Password If you are a current Subscriber, please click here to set-up or update your login information.