Representation During "Performance Improvement Plan" Process

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).