§4303 Actions Based on Unacceptable Performance

Summary

An agency can lower an employee’s grade or remove them for poor job performance, but only if it follows certain steps. The employee must get 30 days’ written notice that explains specific examples of the poor work and the key job duties involved. The employee may have a lawyer or other representative, get time to answer in person and in writing, and receive a written decision that lists the examples used. An agency can extend the 30-day notice by up to 30 more days under its rules; any longer extension needs rules from the Office of Personnel Management. The agency must decide to keep, demote, or remove the employee within 30 days after the notice period ends. Only performance problems from the 1-year before the notice date can be used, and the notice rules must be followed. If the employee improves during the notice and stays good for 1 year from the notice date, the bad entry must be removed from their records. Certain employees can appeal to the Merit Systems Protection Board under section 7701. The rules do not cover some probationary or new employees or actions under 38 U.S.C. 714.