Representation During "Performance Improvement Plan" Process

Melville
April 6, 2020

The Performance Improvement Plan (PIP) usually follows a poor performance rating. Some time may elapse, prior to a performance result and an eventual placement on a PIP, but if a Federal employee’s rating is not good, and there have been discussions or rumors about the initiation of a PIP, then the Federal employee should be prepared. Research on federal agency practices has shown that this action is likely part of a demotion or removal process in which the employee should be prepared.

This process is governed by Chapter 43 of the U.S. Code which requires Federal agencies to follow certain procedures in initiating performance-based actions.[1] Before initiating an action for unacceptable performance under the statute, “a Federal agency must give the employee a reasonable opportunity to demonstrate acceptable performance and must show by substantial evidence that: its action was taken under a performance appraisal system approved by OPM; the appellant's performance standards are valid; and the appellant's performance was unacceptable in at least one of his critical elements.”[2]

The federal employee attorneys at Melville Johnson, P.C. have expertise in litigating PIP matters, and are willing and able to assist you with your legal needs. Call or message us today to discuss your situation and learn how we can assist you.

[1] See 5 U.S.C. § 4302; 5 C.F.R. § 432.104.

[2] Henderson v. NASA, 2011 M.S.P.B. 12, P8 (2011).

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.
Contact us today
If you're a federal employee and feel you've been the victim of unlawful discrimination involving MSPB claims or EEO claims, our experienced federal employment attorneys stand ready to fight on your behalf. Give us a call today at (404) 724-0000 or fill out the form below and we'll be sure to follow up in a timely manner.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
what our clients are saying
“I really appreciate how much Melville Johnson cared about my case. From the very beginning of the process, their federal employee attorneys were friendly and very informative. We won the case, and they were even helpful afterwards, answering any questions or concerns. Thank you Melville Johnson, and I will definitely pass your good work along to others in need.”
- Jim R.
“Despite the complexity of my situation, Melville Johnson took on my claim and immediately put me at ease with a clear demonstration of their expertise with EEO law. From the very start, the firm’s team members have been amazing to work with—hardworking, honest and extremely trustworthy. I would recommend them to anyone who needed this type of legal assistance!”
- Bridget B.
“As a person with a disability working for the federal government, I knew I needed to get the right legal professional assistance for my case. And while the process could have been tedious and overwhelming for a layperson without much legal knowledge, Melville Johnson alleviated all the potential stress involved by taking the guesswork out of my hands. With their help, I received disability approval in record time! I want to thank you for the superior work your firm performed. From my very first contact, your Client Intake Manager took the time to answer all of my initial questions and provide detailed information at every turn. And your attorneys showed nothing but professionalism and kindness throughout the process.”
- Sandra B.
“The consummate professionals at Melville Johnson work closely with you to ensure your rights are being protected. As a current federal employee, I found myself in a situation where the job I was asked to do didn’t match the position description for which I was hired nor the compensation I deserved. With the firm’s help, I was able to obtain back pay and transfer into a position that matched the job I was performing."
- L.M.