Amazon Pivot Program Lawyer – Representation for Employees Facing Performance Measures

Over the years, firm founder Steve Teller has gained substantial experience assisting Amazon employees with pivot and performance improvement process matters, as well as representing employees in a wide range of illegal and discriminatory practices. If you’re facing PIP, progressive discipline, Pivot plan placement, or other performance issues at Amazon, please call my firm to learn how I can help.

Amazon’s Pivot Program is Not Always Fair.  Sometimes it’s discriminatory.  Other times, Amazon violates their own procedures.

If you’re being terminated in connection with Amazon’s Pivot Program, I may be able to help. 

_________________________

What is Amazon’s Pivot Program?

Amazon says that its Pivot Program is designed to assist employees who may need support and development help.  Employees not meeting management performance expectations have three options – leave with a severance, accept the Pivot program and “improve” at Amazon, or if they fail to convince their manager that they have “improved” then they can appeal Pivot Program placement.  At each stage the worker is offered a progressively lower severance payment in return for a release of claims and promise not to sue.

The Amazon Pivot process typically starts with a development plan, now called “Focus.” Employees are not even informed that they are on such a plan unless they ask. Management then moves to a performance improvement plan phase after that.

If the manager claims the employee failed at the performance improvement plan (or “PIP”), under the appeals process the worker can appeal to their peers for an independent review of the manager’s decision. A successful appeal gives the opportunity to maintain employment at Amazon.

Although the details and program names of this process change with some frequency, the essence of the system remains. Amazon works very hard to recruit good people, and it does want to have an opportunity to maintain them, if the manager is actually wrong about the person’s performance, or if there’s a clear reason why they should maintain employment.

Unfortunately the policy choice of constant turnover means that even good and sometimes great workers get “pivoted” because managers have a performance metric called “unregretted attrition.”  This means if you’re on Pivot, more likely than not your manager is trying to get rid of you, not help you improve.

Is Amazon’s Pivot Program Designed to Make Worker’s Quit?

In my view, yes.

The PIP/Pivot Program process gives Amazon the opportunity to say the person decided to quit, if they accept the severance offer, or that an independent review panel decided to fire them, insulating Amazon from discrimination claims to some degree. It also could be used to insulate Amazon from negative unemployment ratings.

It is important to identify any unlawful motives (e.g., discrimination, retaliation for taking medical leave, etc.) that might support a wrongful termination or discrimination claim while the employee is fighting the appeal, but it is equally important to maintain a solid focus on the business reasons why an employee should be retained. This is not the place to prove your discrimination claims, but it’s also important that they are not ignored in your rebuttal.

How I Can Help Amazon Workers Facing the Pivot Program

I have a very good success rate in helping Amazon employee clients assess their choices, and have supported multiple employees through successful Appeals, while guiding many more to manage the end of their employment on favorable terms, or negotiate upwards from the severance package that is offered.

Be aware that negotiating upwards from the tier one package always includes a demand by Amazon that you agree not to return. Of course, the existence of the PIP or Pivot or development plan is also likely to hinder your future employment and advancement at Amazon, in which case acceptance of a severance package may be the best option.

If you are in this situation, I would encourage you to call my firm to learn more about your options and rights.  I frequently counsel Amazon workers facing performance criticism, discrimination, or wrongful termination, and may be able to assist.

Amazon Pivot FAQs

What is Amazon’s Pivot Program?

Amazon’s Pivot Program claims to be designed to address underperformance.  Over time, it offers employees three options:​

  • Voluntary Resignation with Severance: Employees can choose to resign and receive a severance package.​
  • Performance Improvement Plan (PIP): Employees commit to meeting specific performance goals within a set timeframe.  If the manager says they do not meet the goals the severance package is smaller.​
  • Peer Panel Review: If the manager claims the PIP (called Pivot) is unsuccessful, employees can appeal their manager’s assessment through a peer review process.​

What are the key stages of Amazon’s Pivot Program and what do they mean for employees?

Amazon’s Pivot Program involves several critical stages that can significantly impact an employee’s career. It often begins with a Focus period, a secret documentation phase where the employee is under close scrutiny. If Amazon decides to proceed, the employee may receive a Pivot entry appeal, which provides an informal opportunity to challenge the basis for being placed in Pivot or argue that the performance goals are unreasonable. Once in Pivot, the employee receives a demanding performance improvement plan along with a Tier 1 offer—a severance package offered upfront. The employee has a five-day decision period (which can be extended) to choose whether to accept the severance or attempt to meet the Pivot goals. If the employee stays, they enter the Pivot period, working under the plan to show improvement. If they do not succeed, they may be offered a Tier 2 severance. Before final termination, employees may submit a Pivot appeal to a manager or peer panel to argue for retention.

How does the Peer Panel Review process work?

In the Peer Panel Review, both the employee and their manager present their cases (usually via videoconference) to a panel of peers. This panel evaluates the arguments and decides whether the employee should continue in the Pivot Program or face termination. ​

What are the potential outcomes of the Pivot Program?

Depending on the chosen path and its outcome, employees may:​

  • Continue Employment: Successfully meet PIP objectives or win the peer review.  In some cases employees are offered a period of time to find other work within Amazon instead of staying in the same position.​
  • Voluntarily Resign: Opt for severance and leave the company.  The payment for promising not to sue gets smaller at each stage of the Pivot process.​
  • Involuntary Termination: Fail to meet PIP goals and lose the peer review appeal.​

How might participating in the Pivot Program affect my eligibility for unemployment benefits?

Choosing to resign voluntarily with severance may disqualify you from unemployment benefits, although most of the time Washington State employees seem to be getting benefits under a couple of theories – that continuing would be futile against the hostile manager who is rewarded for making them fail Pivot, or that the job terms have changed since the Pivot will require at least 25% more effort or has tasks that were not part of the job previously. Conversely, if you’re terminated after attempting the PIP or losing the peer review, you will almost assuredly be eligible for such benefits. ​

Are employees over 40 entitled to more time when considering severance offers?

Yes, under the Older Workers Benefit Protection Act, employees aged 40 and above should be given 21 days to consider severance agreements.  Unfortunately Amazon does not interpret this to mean you have time to consider the decision, only time to consider the severance agreement after deciding to leave.  If you insist they often will give you the agreement to review, but it is fairly standard. ​

Can participation in the Pivot Program impact my visa status?

Employees on work visas should be cautious, as termination can affect their legal status in the country. It’s advisable to consult with an immigration attorney to understand the implications fully.  Whenever possible, extending the employment to extend the visa is usually smart.  Medical leave will extend employment. ​

Is the Pivot Program genuinely aimed at employee improvement?

While Amazon positions the Pivot Program as a developmental tool, some employees feel it’s more about managing attrition, particularly since managers have an “unregretted attrition” performance indicator in their own evaluations Experiences vary, so it’s essential to assess your situation critically. ​

What steps should I take if placed in the Pivot Program?

  • Seek Legal Counsel: An Amazon counseling attorney can help you understand your rights and options.​
  • Document Everything: Keep detailed records of communications, performance metrics, and any relevant incidents.​
  • Evaluate Your Options: Consider the pros and cons of each path within the Pivot Program.​

Can I negotiate my severance package if I choose to resign?

HR claims to have no authority to negotiate, but in some cases, you may be able to negotiate a better severance package, if you have potential legal claims beyond merely the unfairness of the process. Consulting an employment attorney can help you determine if negotiation is possible and ensure you receive the best possible outcome.

If I fail the Performance Improvement Plan (PIP), will I automatically be fired?

While failing the PIP often leads to termination, there may still be options. Employees can appeal the decision through Amazon’s Peer Panel Review, although success rates are low. Seeking legal advice early in the process can help you strategize and explore alternatives.

What happens to my stock options and RSUs if I resign or get terminated?

Your stock options and restricted stock units (RSUs) will depend on Amazon’s vesting schedule and termination policies.  Be sure to look at the RSU and Short Term Disability policies carefully.

  • If you resign voluntarily, you may forfeit unvested RSUs.
  • If you are terminated after a PIP, you may still lose unvested RSUs, but certain situations (like wrongful termination claims) could allow for negotiation.

Consult your stock agreement and an employment lawyer to understand your rights.

Will participating in the Pivot Program impact my professional reputation at Amazon or future job opportunities?

Being placed in the Pivot Program can affect internal mobility at Amazon. Employees may find it harder to transfer teams, and future hiring managers may see the participation as a red flag. Successfully completing the PIP or proactively securing another role can help mitigate reputational risks if not repeated.

Can I apply for other internal positions while in the Pivot Program?

Amazon generally restricts employees in the Pivot Program from applying for internal transfers without VP level approval on both teams. However, exceptions may exist in certain business units or for specialized roles. Consulting with HR and an attorney can help clarify your options.

What if I believe my placement in the Pivot Program was unfair or retaliatory?

If you suspect you were unfairly placed in the Pivot Program due to discrimination, retaliation, or other unlawful reasons, you may have legal grounds to challenge the decision.

  • Document any performance reviews, communications, or inconsistencies in your evaluation.
  • Speak with an employment attorney to assess whether you have a case for wrongful termination or retaliation.

How long do I have to decide whether to accept severance, join the PIP, or appeal through Peer Review?

Amazon typically provides a five-day window to decide, although they often accept the “depart” choice after the deadline without negative consequences. Given the high stakes, it’s critical to consult with a lawyer immediately to weigh your options.