HOW TO VOID CRITICAL ELEMENT RATINGS
Way back in the late 70’s agencies could only fire poor performing employees using the adverse actions statutes. Managers complained that made it too hard because they had to prove their allegations by the preponderance of evidence as well as prove that the employee’s alleged failings were serious enough to merit termination. President Carter changed all that by creating a way for agencies to fire these employees with merely substantial evidence, and no chance to challenge the seriousness of the mistake or the penalty imposed. However, in return for that he signed a statue that stated that agencies would let employees know in advance what the performance standards would be and that they would “to the maximum extent feasible, permit the accurate evaluation of job performance on the basis of objective criteria.” (5 USC 4301) When that deal was struck, the law was signed and then the roof fell in on federal employees. Continue reading