The Lyman Firm - For Employee Rights

Most people are told a Performance Improvement Plan is a chance to fix things and get back on track.

Sometimes that’s true.

But in many cases, it’s the beginning of the end.

By the time a PIP is put in place, the decision may already be heading in one direction — and the process becomes about documenting that outcome.

That doesn’t mean every PIP is improper. But it does mean you should approach it carefully, understand what’s happening, and protect yourself.

If you’ve been placed on one, the details matter more than you think.

Most people think legal cases are decided simply by applying the law to the facts and reaching an outcome.

In reality, a lot of the result is shaped much earlier, through how the case is framed, how the story is told, and how a series of overlapping negotiations play out between the different players involved.

I wrote this piece a while back breaking down some of those “hidden” dynamics that often end up deciding these cases.

Worth a read if you’re curious how these cases actually play out in practice.

The hidden negotiations that decide your employment case The hidden negotiations that decide your employment case Shaping case outcomes through tactical empathy and strategic framing Dan Lyman 2025 September Litigation doesn’t begin or end in the courtroom. It lives in a network of negotiations most lawyers never see. Too many focus exclusively on their...

This is one of the biggest myths my clients repeat back to me after they’re fired 👇

Hi everyone! I apologize for the social media hiatus. Work and life has gotten pretty busy, but I’m going to be renewing my effort to keep you in the fold!

I do have a pretty exciting announcement and that is that I have been selected as a 2022 Northern California Rising Star! I’m so grateful to my peers for the nomination to Super Lawyers and I’m so happy that I get to participate in legal work that leaves a lasting effect on the individuals and business of this community. Below I have copied Super Lawyers’ description of a Rising Star listed attorney, so if you’re interested, take a look. Thank you for following the journey!

From Super Lawyers: “Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country.”