Category Archives: Performance
AGENCY PIP DISCRIMINATORY; EMPLOYEE REINSTATED A deaf/Hard of Hearing employee could read lips in one-on-one conversations, but needed an accommodation to participate in group conversations. Consequently, his performance suffered and the agency put him on a PIP, which ended in … Continue reading
THE CHERNOBYL INCIDENT AT NRC There is a mushroom cloud climbing into the sky over the Nuclear Regulatory Commission that was triggered by management’s incompetence. NRC fired an employee for unacceptable performance back in 2018 and now must pay her … Continue reading
WHY EMPLOYEES NEED WRITTEN OBJECTIVE PERFORMANCE STANDARDS The Federal Circuit Court of Appeals just issued a decision stating once again that agencies need not provide employees with written performance standards, much less objective ones. We have probably all seen standards … Continue reading
LOVE THIS PIP PROTECTION IDEA Being put on a PIP is often the beginning of the end for an employee. The manager uses it to focus the crosshairs on their target and all that remains is to pull the trigger. … Continue reading
PROVING PERFORMANCE APPRAISAL DISCRIMINATION Want to boost your chances of winning a performance appraisal grievance? Check out Maria D. v. Merrick B. Garland, Attorney General, DoJ (FBP), EEOC No. 2021001182 (2021) Maria could have settled for filing a grievance simply … Continue reading
HOW TO STOP PERFORMANCE STANDARD CHANGES While death and taxes may be the more commonly recognized guarantees of life, not far behind are changes in performance standards. Employees everywhere can count on managers trying to change their expectations, even if … Continue reading
WHAT TO DO WHEN THE WORKLOAD SURGES Imagine that the folks in your department work under a critical element that requires them to close a claim no later than 10 days after it is placed in their inventory and that … Continue reading
QUESTION: WHEN IS A PIP A ULP? ANSWER: ALMOST ALWAYS The law requires that employee performance standards be written so as “. . . to the maximum extent feasible, permit the accurate evaluation of job performance on the basis of … Continue reading
REASONABLE ACCOMMODATION: HERE IS SOMETHING WE HAVE NOT SEEN BEFORE EEOC just blessed the idea that while an employee who has requested a reasonable accommodation waits for that accommodation to be provided it is equally reasonable for the employee to … Continue reading
WHEN MANAGERS EVALUATE BASED ON ONLY A SAMPLE OF YOUR WORK. Pass this on to Unit Members: Managers cannot legally just select a few cases or days you worked on during the year to write your annual evaluation. The law, … Continue reading