Unacceptable Performance Clause Samples
Unacceptable Performance. A. The Employer agrees to abide by the following procedures for Employees who have successfully completed a probationary period in their current position but have been determined to be performing unacceptably with regard to one or more critical elements of the position. Such Employees will be provided a written Opportunity to Improve (OTI) that affords a reasonable opportunity to improve (normally a minimum of ninety [90] calendar days) prior to initiation of any demotion or removal action based upon unacceptable performance. The OTI will explain that initiation of action to demote or remove may begin if the Employee’s performance fails to improve in accordance with the OTI. This OTI shall identify the assistance that will be provided to the Employee during the opportunity to improve period. Such assistance may include training, counseling, coaching, setting short-term specific job assignments and goals, and regularly scheduled supervisory conferences.
B. After the end of the OTI period, if the Employee’s performance is determined to be “Fully Successful” the OTI will be ended. If the Employee’s performance is not successful after ninety (90) days but the Employee has demonstrated significant improvement in performance, management will consider extending the opportunity to improve period for another thirty (30) days.
C. If action for unacceptable performance is necessary, prior to proposing removal or demotion of the Employee, management may, but is not required to, consider reassigning the Employee to an available vacant position for which the Employee qualifies and which the Employee can reasonably be expected to perform at the “Fully Successful” level with a minimum of training.
D. Action to demote or remove an Employee for unacceptable performance will be initiated by a thirty (30) day notice to the Employee. At a minimum, the notice will include:
1. The Nature of the Proposed Action.
2. Identification of the Performance Element(s), which the Employee failed to meet.
3. A Specific Explanation of the Performance that is the basis for the action.
4. The Employee’s right to respond verbally and in writing within ten (10) workdays. Extensions for good cause will be granted.
5. The Employee’s right to be represented.
Unacceptable Performance. Section 1.A. The actions covered by the provisions of this Article are: reduction in grade and removal for unacceptable performance for employees serving in bargaining unit positions at the time the action was initiated.
Unacceptable Performance. A. When the supervisor observes that an employee’s performance is unacceptable in one or more critical elements, the supervisor will inform the employee in writing of the observed pattern of performance and provide the employee an opportunity to improve by developing a written performance improvement plan (PIP). Notification must allow time for improvement prior to being given a final summary rating. The purpose of the PIP is to assist the employee in improving performance to the fully successful level. The PIP will give an ‘opportunity period’ of not less than sixty (60) days for the employee to improve performance. Depending on the nature of the work, a longer ‘opportunity period’ may be appropriate. The PIP will specify, as appropriate, the counseling, training, coaching and any other specific actions to be accomplished within the ‘opportunity period’. If an employee would be given an unsatisfactory rating at the end of the performance year and has not been placed on a PIP with respect to the same critical element during the performance year, the rating period will be extended and the employee should be placed on a PIP. Upon completion of the PIP, a final rating will be given. The employee will be given the following information (in writing):
1. An explanation of those aspects of performance in which the employee’s performance falls below Level 2,
2. A detailed explanation of what must be done to bring his/her performance up to at least Level 2,
3. A statement that his/her performance may result in a reassignment, demotion or removal if the employee does not demonstrate performance at Level 2 or higher during the PIP period.
B. During the PIP period, the supervisor or designee will conduct regular meetings with the employee to provide feedback regarding the employee’s progress under the current performance improvement plan. At the employee’s request, a Union Representative can participate in the meetings, provided that no delay to the meeting results.
C. Within ten (10) work days after the end of the PIP period, the employee will be notified as to whether he or she successfully completed the PIP.
D. If the supervisor determines to extend the period of the PIP, he/she will notify the employee in writing.
E. The requirement for issuing a performance improvement plan does not apply to those employees serving a probationary or trial period, or to temporary or certain term employees.
F. If, after being given the opportunity to improve, the employee continues...
Unacceptable Performance. If at any time during the rating period, the rating official deems an employee’s performance to be deficient they will take action in accordance with the Performance DR. Whenever possible, actions to place an employee on a Demonstration Opportunity Plan will be taken early enough in the fiscal year to allow the employee to improve their performance to a fully successful level prior to being given their rating of record for the year.
Unacceptable Performance. If performance is considered to be at the Unacceptable level in one or more critical elements after documented counseling and assistance regarding performance deficiencies so that the employee is aware the deficiencies, a letter of warning will be issued to the employee. To the extent practicable, counseling will be face-to-face. The letter will state that performance is considered to be Unacceptable, establish a period (normally a minimum of 90 days) during which the employee will be expected to attain the Fully Successful level in the deficient element(s), and generally include the following:
a. Identification of each critical element in which performance is considered to be Unacceptable and description of those aspects of work that are deficient.
b. What performance is required to overcome the deficiencies.
c. The personnel action (reassignment, demotion, or removal) that may result if performance is not improved to the Fully Successful level and generally, the types of assistance management determines necessary to improve performance.
Unacceptable Performance. SECTION A: This Article applies only to bargaining unit employees who have completed their probationary or trial period, except to the extent prohibited by laws and regulations.
SECTION B: Prior to issuing a notice of proposed action based on unacceptable performance, Management will issue a letter to the employee that contains the following:
1. an identification of the critical elements and performance standards for which performance is unacceptable;
2. a performance improvement plan (PIP) to attempt to bring the employee performance up to an acceptable level;
3. a statement that the employee has a reasonable period of time, not less than 90 calendar days, in which to bring performance up to an acceptable level;
4. a description of what Management will do to assist the employee to improve the allegedly unacceptable performance during the performance improvement period; and
Unacceptable Performance. The employee is eligible to re-request participation 60 days after expiration of the PIP.
Unacceptable Performance. If performance is considered to be at the Unacceptable level in one or more critical elements after counseling and assistance, a letter of warning will be issued to the employee. The letter will state that performance is considered to be Unacceptable, establish a period (normally a minimum of 90 days), during which the employee will be expected to attain the Fully Successful level in the deficient element(s), and generally include the following:
1. Identify each critical element in which performance is Unacceptable and provide description of the deficient work activities.
2. Describe specifically the performance required to overcome the deficiencies.
3. State the resulting personnel action (reassignment, demotion, or removal) if performance is not improved to the Fully Successful level.
Unacceptable Performance. Performance which is below the minimally satisfactory level (or is at any future defined level of unacceptable performance) on one or more critical elements is unacceptable. Reduction in grade and removal because of unacceptable performance are taken under the authority of 5 U.S.C. 4303 and 5 CFR Part 432 or 5 U.S.C. Chapter 75 and 5 CFR Part 752. When performance is unacceptable the supervisor will first allow the employee a reasonable opportunity period to demonstrate acceptable performance before taking any performance based action under 5 U.S.C. 4303 and 5 CFR Part 432. The supervisor must notify the employee in writing that she or he believes that the employee's performance has reached an unacceptable level and that the employee will be given an opportunity to improve her or his performance. This notice: Identifies the critical element(s) for which performance is unacceptable; Informs the employee of the performance standards that must be reached in order to be retained in the position; Gives the employee a reasonable opportunity to demonstrate acceptable performance; and Indicates the assistance that will be provided. During the opportunity period, the supervisor will provide active and appropriate assistance to help the employee improve her or his performance. This assistance may consist of closer supervision, counseling, guidance, formal training, or other assistance as determined by the supervisor. If at the conclusion of the opportunity period the employee's performance is still unacceptable, and Management determines to propose to reduce the employee in grade, or remove the employee from service, the employee is entitled to: Thirty calendar days' advance written notice of the proposed action specifying instances of unacceptable performance on which the proposed action is based, the critical element(s) involved in each instance of unacceptable performance, and, if a performance appraisal has been prepared, a copy of the performance appraisal on NA Form 3021; Notification that the employee has the right to reply to the proposal orally and/or in writing and to be represented by the Union (or by another representative, including an attorney); A reasonable period of time for the employee to answer orally and/or in writing. Normally the time allowed should not be less than 15 calendar days following the date the employee receives the notice; and A written decision which specifies the instances of unacceptable performance on which the action is based. ...
Unacceptable Performance. When an employee's most recent rating of record is "Unacceptable" and the supervisor determines that performance has improved to the "Fully Successful" level, a new rating must be prepared in order to support the determination to grant the employee's within-grade increase (this rating does not replace the rating of record). The new rating must be in place prior to the end of the within- grade waiting period.