How to Properly Fire Federal Employees for Bad Performance

At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, we are committed to helping federal employees who have been wrongly demoted or removed from their positions for unacceptable performance. We understand that being terminated or demoted for performance issues can have a devastating impact on your career and future, which is why we are here to represent you and to advocate for all of your rights under the law.

For years, federal employers have been using Demonstration Period Initiation Memos to document and communicate performance issues regarding employees. These memos generally contain the following important legal requirements:

  • Identification of the Critical Element(s)  in the employee’s performance plan
  • Clarification of what the supervisor considers to be the minimal level of performance for the employee to avoid losing their job
  • Establishment of a 30-day period for the employee to show they can perform at an acceptable level
  • Specific assignments for the employee to complete during the Demonstration Period
  • Weekly meetings between the supervisor and employee to discuss performance issues and provide feedback
  • Explicit notification that if the employee’s performance doesn’t improve, the supervisor will take necessary steps to terminate them from their position

However, the MSPB’s Office of Policy and Evaluation (OPE) recently published new guidelines regarding how federal agencies can fire employees for poor performance. According to Remedying Unacceptable Employee Performance in the Federal Civil Service:

“This regulation does not state that an agency must create a formal (or even informal) performance improvement plan. The Board has held that the communications required by OPM’s regulation may occur in a formal performance improvement plan, in counseling sessions, in written instructions, or in any manner calculated to apprise the employee of the requirements against which he is to be measured.”

So while previous OPM’s regulations required supervisors to create a “performance improvement period,” it never said that a “structured DP was not required,” which is makes it easier to remove an employee for bad performance.

Talk to Our Federal Employee Law Firm Today

Is your employer trying to fire you for poor performance at work? If so, you should consult with our dedicated lawyers at The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC to discuss your situation so we can get started building a strong legal strategy to protect your interests. We serve clients throughout Washington, D.C., and we are prepared to fight for you today.

Call (202) 350-3881 to set up a case consultation with a member of our law firm.