Are Amazon’s Coaching Programs Really About Helping Employees—or Pushing Them Out?
Many employees placed in Amazon’s Pivot or Focus programs assume they’re entering a coaching track meant to help them improve. But according to employment attorney Stephen Teller, these so-called “performance improvement plans” are often something else entirely—a path to a quiet, controlled exit.
In this blog, we explore how major corporations use performance management systems not just to document underperformance, but also to reduce legal risk and limit severance obligations. If you’ve been placed in a coaching or performance plan at Amazon—or any large company—here’s what you need to know.
What’s the Difference Between Being Laid Off and Being Terminated for Performance?
From a legal perspective, being laid off and being terminated for cause can lead to very different outcomes. A layoff generally isn’t based on misconduct, so employees are typically eligible for unemployment benefits. A termination for poor performance, however, could jeopardize those benefits—at least initially.
That said, Stephen Teller notes that in many situations, workers do end up qualifying for unemployment even after a performance-based termination. The key lies in how the situation is documented and how aggressively the employer contests the claim.
Why Do Companies Prefer Performance-Based Termination?
Why would a company go through the trouble of placing someone in a coaching program instead of issuing a straightforward layoff? According to Teller, it’s all about control and risk management.
Labeling an exit as performance-based allows the company to:
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Avoid severance obligations
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Reduce the risk of wrongful termination lawsuits
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Create a written record to defend against future legal claims
Performance documentation helps paint a picture that justifies the termination—whether or not the performance issues were real or recent.
What Is “Unregretted Attrition” and How Does It Factor In?
Amazon reportedly uses a concept called “unregretted attrition,” which refers to employees the company wanted to lose anyway. This internal metric reflects a strategy: encourage exits that the company doesn’t regret, regardless of the employee’s objective performance.
In practice, this can pressure managers to target a certain percentage of employees for exit—simply to meet attrition goals. That pressure can trickle down in the form of performance improvement plans that don’t align with the employee’s work history.
What Are Amazon’s Focus and Pivot Programs Really For?
Amazon’s Focus and Pivot programs are officially performance coaching systems. But many employees and attorneys view them as part of a broader offboarding strategy. While they may be presented as opportunities for growth or improvement, they are often designed to create a paper trail of failure.
In some cases, employees are offered a choice: enter the Pivot program or resign with a modest payout and a promise not to sue. For some, this feels less like a coaching opportunity and more like an ultimatum.
Is Performance Documentation Really About Helping the Employee?
Not usually. While performance improvement plans may appear employee-focused on the surface, their true function is often legal protection—for the employer.
Documentation of performance issues provides cover for the company if a dispute arises later. In wrongful termination or discrimination cases, that paper trail can be used to defend the employer’s decision, even if the underlying performance issues were exaggerated or unfounded.
What Should You Do If You’re Placed Into a Performance Program?
If you’re suddenly placed on a performance improvement plan, Teller recommends taking immediate action—especially if it follows a protected activity such as:
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Requesting FMLA leave
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Filing a harassment or discrimination complaint
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Asking for ADA accommodations
These situations may signal retaliation, and an employment attorney can help you evaluate the timeline, assess risk, and document your own defense. Don’t wait until the program ends—by then, it may be too late to push back effectively.
Can These Coaching Programs Be Discriminatory or Retaliatory?
Absolutely. When performance programs are rolled out shortly after an employee asserts their legal rights, it raises serious questions.
Are the performance concerns legitimate, or are they being used as a pretext to avoid addressing retaliation or discrimination claims? Teller has seen multiple instances where a protected complaint led directly to a Pivot or Focus placement—suggesting these programs are sometimes used as a shield against accountability rather than a tool for development.
Do These Programs Impact Stock Options or Bonuses?
Yes—and timing matters. Teller points out that companies often implement performance programs close to vesting dates for stock options or bonuses. If the employee resigns or is terminated before that date, they lose those financial benefits.
This practice isn’t just strategic—it may be calculated. Understanding your compensation schedule and how it aligns with the performance plan timeline can offer clues about the real motivation behind your placement.
Are High Performers Ever Targeted?
Surprisingly, yes. Even strong performers can end up in these programs—especially if they’ve filed internal complaints or are perceived as a legal or reputational risk to the company.
According to Teller, performance management programs aren’t always about poor performance. Sometimes they’re about minimizing exposure. That means even productive, well-regarded employees could find themselves being “coached out” if the company sees them as inconvenient.
What Are Your Legal Rights If You’re Targeted?
If you’re placed on a performance improvement plan—particularly after asserting your rights under FMLA, the ADA, or anti-discrimination laws—you don’t have to navigate it alone.
Employees have the right to:
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Challenge retaliatory or discriminatory conduct
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File complaints with the EEOC or other regulatory bodies
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Seek legal representation to protect their job, benefits, and professional reputation
Teller advises anyone facing a questionable performance plan to speak with an Amazon Pivot employment law attorney right away. Early intervention can make the difference between quietly exiting and holding your employer accountable.
Concerned About a Performance Plan at Work?
Call Teller Law at (206) 324-8969 for a confidential consultation. Whether you’ve been placed into Amazon’s Pivot or Focus, or you suspect your termination is being disguised as a performance issue, we can help you understand your rights and plan your next steps.