Addressing Unacceptable Performance

There are many possible causes for an employee’s performance or conduct problems. Employees may face issues of illness, substance abuse, family problems, lack of training, low job morale, etc. The nature of the problem will determine the best course of action to take to help that employee to improve.

Step 1 - Initial, Informal Response to Unacceptable Performance

As soon as a potential problem is identified, the supervisor should contact the Employee Relations Team.

Supervisors are strongly encouraged to utilize these valuable resources at the onset of an employee displaying difficulties performing.

Resources that are available at the NIH to assist both the supervisor and employee include:

In addition, the OPM booklet, "Addressing and Resolving Poor Performance - A Guide for Supervisors" provides helpful information concerning effective ways to work with employees who exhibit performance problems.

Step 2 - Provide an Opportunity for the Employee to Improve

In most cases, the informal steps taken, such as counseling, formal training, mentoring, etc., will prove effective in a supervisor’s efforts to resolve poor performance.

However, if these efforts prove unsuccessful, and the problem is resulting from performance and not misconduct, the supervisor will need to provide the employee with a formal opportunity to improve their performance.

***Please note that misconduct issues are handled differently from performance issues. See the section on performance versus misconduct to determine the exact nature of the problem***

The following are necessary to establish and execute a formal opportunity period:

Provide proof of unacceptable performance
Notify the employee of which performance points are unacceptable
Determine the appropriate length of the opportunity period
Provide the employee with the assistance necessary to improve performance
Monitor the employee's performance during the improvement period

Proof of Unacceptable Performance

The supervisor should be able to support the need for this formal opportunity period with specific examples of an employee’s Unacceptable performance that are clearly identified with one or more critical elements of the employee’s performance plan.

The supervisor should have evidence in the form of work samples, supervisory notes that document unacceptable performance, evidence of previous assistance provided, etc. to support the conclusion that the employee’s performance is Unacceptable.

Notice of Unacceptable Performance

At the beginning of the opportunity period, the employee should be told in which critical element(s) his or her performance is Unacceptable and provided with examples of that Unacceptable performance.

The supervisor must also clearly communicate to the employee what he or she must do to demonstrate Acceptable performance during the opportunity period.

Length of the Opportunity Period

The opportunity period should be long enough to afford the employee a legitimate opportunity to improve his or her performance and/or to complete any natural work cycle.

Required Additional Assistance

During the opportunity period, the supervisor must also offer and provide further appropriate, legitimate assistance to the employee to help improve that employee’s performance.

Examples of additional assistance that may be provided to the employee during the opportunity period include, among others:

closer supervision and counseling;
on-the-job training;
supervisory or peer coaching;
formal training;
frequent feedback.

Monitor the Employees Performance

The requirements imposed during the opportunity period must be specific and consistent with the employee’s existing performance standards.

During the opportunity period, the supervisor should provide assistance to the employee to help him or her to improve.

The supervisor should carefully track the employee’s performance; keeping careful documentation which might include copies of work products and of any communications with the employee concerning his or her performance.

The Performance Improvement Plan (PIP) is a means by which an employee may be put on notice of Unacceptable performance; providing the supervisor an opportunity to clearly express expectations for the employee’s performance during the opportunity period and the consequences of failing to meet those expectations.

If the employee does not improve his or her performance to an Acceptable level by the end of the opportunity period, or improves but then fails again in the same critical element(s) within one year of the start of the opportunity period, he or she may be reassigned, reduced in grade, or removed from the Federal Service.

Any reduction in grade or removal action must comply with the requirements of 5 United States Code (USC) Chapter 43 and 5 Code of Federal Regulations (CFR) Part 432.

Still looking for answers? Email Us