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FCW : April 15, 2015
The Chapter 75 process, which does not require a formal improvement period, can also be used, but the burden of proof for sustaining a dismissal is much higher. Notice of removal BackStory How do you fire a fed? Very, very slowly. 34 April 15, 2015 FCW.COM The time it takes to hire is a common complaint for agency IT leaders, but getting rid of a poor performer takes even longer. Dismissals are relatively straightforward during a new hire’s one-year probationary period; 70 percent of performance dismissals take place during that phase. After that, an agency must usually work through a formal, multistep process: Observe a performance issue through normal, day-to-day supervisory activities Prepare for and conduct counseling session Monitor and provide regular feedback on performance to employee Does employee improve? Document instances and work with Human Resources, General Counsel, and higher level supervisor to determine next steps Write and agree on a Performance Improvement Plan with employee, if necessary Monitor, document performance, and provide frequent feedback to employee Work with HR and GC to prepare notice of proposed removal. Meet with employee and their representation, if any, to deliver and discuss notice of removal Review employee response to the notice of proposed removal with HR, GC, and a higher level official Did the deciding official uphold the proposal notice? Inform the employee of their dismissal and rights to appeal to Merit Systems Protection Board and any applicable appeal and/or grievance rights Dismissal process under Chapter 43 (of Title 5 of the U.S. Code): END 80 – 200 DAYS 50 – 110 DAYS Does employee improve? 40–60DAYS NO YES YES NO YES NO The total time? Anywhere from 170 to 370 days. And once dismissed, an employee can file an appeal. In 2013, the Merit Systems Protection Board took an average of 243 days to adjudicate such complaints. Source: Government Accountability Office 0415fcw_034.indd 34 3/23/15 4:35 PM
March 30, 2015
April 30, 2015