I am a mid-level Individual Contributor (based in Ontario) at a non-union tech company in Quebec. About seven weeks ago, I was placed on a 8-week Performance Improvement Plan (PIP) that is set to expire next Friday. The document states culture/behavioural issues (claims that I don't collaborate well with colleagues) and I have documented where my manager confirms that the issue is not my performance. I have been at this company for 4 years, this is the first time this has come up.
I engaged with the PIP, but I refused to sign the initial document because it contained a clause stating that if I failed, the company could terminate me "without further notice or indemnity in lieu thereof." The signature block also required me to explicitly "accept the terms and conditions" rather than just acknowledge receipt.
I pushed back in writing, stating I would not waive my common-law severance rights. HR explicitly agreed in writing via email that "changes will be made and a new document will be sent for signature."
However, the updated PIP they sent tweaked the language on one page, but left the "without further notice or indemnity" waiver completely intact on another page. The signature block still requires legal acceptance of the document as it was. I did not sign it.
3 weeks ago, my father passed away. I took 3 days of bereavement leave. Upon my return to work, my manager waited a week and then messaged me on Slack asking that I sign the PIP ASAP and stating that HR needs it signed.
I have been job hunting and just signed an offer for a new role at another company. I am currently just waiting for my background check to clear over the next week or two.
My Questions:
Since I have a life raft already secured, I want to maximize my financial exit from this toxic environment while protecting my new job.
Since they are pressuring me to sign a PIP that's flawed in my opinion, do I have any leverage to bypass my manager, go straight to HR, and negotiate a mutual separation agreement (e.g., 4-8 weeks severance) in exchange for signing a release and leaving quietly before the PIP expires?
If I just stall for another week, let the PIP expire next Friday, and let them terminate me, they will likely have to do it without cause. Is this a safer way to get severance than trying to negotiate an exit?
3. If I choose to just hand in my 2 weeks' notice and walk away with zero severance, does leaving an unsigned, "failed" PIP on my internal HR file pose any risk to standard background checks for my new employer?
Thanks in advance for your insights!
*Edit to define "IC"