Common use of Unacceptable Performance Clause in Contracts

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.