MSPB Adopts New Element of Proof in Performance Removal Cases
In a recent decision, the Merit Systems Protection Board (MSPB) added a new element of proof to sustain a performance-based adverse action with an appeal: prior accountability.
Federal Circuit: Agencies Must Prove Pre-PIP Unacceptable Performance
Before a federal employee can be terminated for unacceptable performance, the employing agency must provide the employee with an opportunity to demonstrate acceptable performance.