Common use of Performance Based Actions Clause in Contracts

Performance Based Actions. a. Should all remedial action fail and the employee' s performance is determined to be unacceptable, one of the following actions will be taken: reassignment, reduction to the next lower appropriate grade, or removal. b. An employee who is reassigned or demoted to a position at a lower grade will be informed of his/her standing after ninety (90) calendar days in the new position. c. An employee whose reduction in grade or removal is proposed for unacceptable performance, is entitled to: (1) thirty (30) calendar days' advance written notice of the proposed action which identifies the specific basis for the proposed action, including specific instances of unacceptable performance, and, (2) a reasonable time, not to exceed fourteen (14) calendar days, to answer orally and/or in writing. The decision to retain, reduce in grade, or remove an employee shall be made within thirty (30) calendar days after the date of expiration of the notice period. d. The employee will be given a written decision which: (1) specifies directly or by reference the instances of unacceptable performance on which the decision is based, and (2) specifies the effective date, the action to be taken, and the employee’s right to appeal to the Merit Systems Protection Board in accordance with applicable law, or file a grievance under the negotiated grievance procedure.