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Agency Must Justify PIP When Employee Challenges Removal

June 23, 2021

Via: SHRM
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A federal agency must justify initiating a performance improvement plan (PIP) by showing that an employee’s performance was unacceptable prior to the PIP when an employee challenges his removal, a federal appellate court ruled.

The plaintiff, a mechanical engineer and commander in the U.S. Navy Reserve, had worked for NASA for 18 years when he was transferred to a new division in 2018.

Despite having received many accolades throughout his NASA career, the plaintiff began receiving letters of reprimand alleging deficient performance from his new supervisor. The timing of many letters coincided with the plaintiff’s requests for, or absences due to, military leave.

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