As explained in our [MSPB’s] 2009 report, Poor Performers and the Law, title 5 of the U.S. Code currently provides two avenues by which agencies can demote or remove poor performers. The first avenue is codified in Chapter 43, while the second is in Chapter 75. Chapter 43 requires that agencies offer assistance to employees in an attempt to improve their unacceptable performance prior to implementing a performance-based adverse action[1]. Chapter 75 does not require agencies to provide such assistance. However, under Chapter 75, an adverse action’s reasonableness depends, in part, on the extent to which the employee was on notice of the required behaviors[2]. Therefore, a performance improvement plan (PIP) and a reasonable period of time to improve under the plan is necessary under Chapter 43, and can be helpful under Chapter 75.

An effective PIP will typically: …..

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Did any of this content surprise you? Have you seen it put into practice? What would you emphasize if you were advising a supervisor on the use of a performance improvement plan?