Attorney for Federal Performance-Based Action Cases

Federal Employment Attorneys

If you're a federal employee facing scrutiny for your performance, it's crucial that you take the allegation seriously and proactively prepare for your response, and to participate in a performance improvement period (PIP). A proposed demotion or removal for unacceptable performance can have a devastating effect on your career and potentially harm your employability. At The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, we understand the need for strategic and creative planning to protect our clients' interests.

Our dedicated legal team can guide you through your performance actions case and work towards a favorable solution. Contact us online or call us at (202) 350-3881 today.

A performance action can often result in:

• A Performance Improvement Plan (PIP)
• Undesirable transfer
• Demotion
• Termination

If you have recently received a poor performance rating, talk to an attorney who cares about your case. Contact The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC, and let's discuss how to move forward with your issue. Attorney Mahoney has published a book chapter on responding to performance cases. As a result, we can review whether you have been unfairly targeted and identify ways to respond to a PIP to avoid adverse action.

Understanding Your Rights in Federal Employment

Navigating the complexities of federal employment can be daunting, especially when facing performance-based actions. At The Law Firm of John P. Mahoney, Esq., we believe that every federal employee deserves to understand their rights and protections under the law. Our experienced attorneys are dedicated to empowering you with the knowledge you need to advocate for yourself effectively.

Here are some key rights that federal employees should be aware of:

• Due Process Rights: Federal employees have the right to a fair process before any disciplinary action is taken, including the right to respond to allegations.
• Right to Representation: Employees can seek representation from a union representative or an attorney during performance evaluations and hearings.
• Protection Against Retaliation: It is illegal for employers to retaliate against employees for asserting their rights or reporting unfair practices.
• Appeal Rights: If you receive a poor performance rating or face disciplinary action, you have the right to appeal the decision through established channels.

Understanding these rights is crucial in ensuring that you receive fair treatment in the workplace. Our team is here to guide you through the intricacies of federal employment law, helping you to protect your career and secure the outcomes you deserve. Contact us today to learn more about how we can assist you in navigating your federal employment challenges.

Defending Against Unfair Performance Ratings

1. How to Identify and Gather Evidence

• Inconsistent Feedback: Compare your formal review with prior informal feedback. Discrepancies may indicate bias.
• Benchmark Comparisons: Analyze how your ratings compare to colleagues in similar roles; unjust differences could signal unfair treatment.
• Documentation: Keep records of your accomplishments, emails, and positive feedback to counter performance claims.
• Unrealistic Expectations: Document any sudden changes in job expectations or lack of support.
• Bias: Identify potential retaliation or discriminatory behavior and gather any supporting evidence.
• Witness Statements: Colleagues familiar with your work can provide supporting testimonies.

2. What Constitutes an Unfair Evaluation?

• Discrimination: Ratings based on race, gender, or other protected factors.
• Lack of Specificity: Reviews that fail to provide clear examples of underperformance.
• Unachievable Standards: Ratings based on unreasonable or changing expectations.
• Lack of Support: Unfair if you weren’t given adequate training or resources to succeed.

What Happens If I Get a Poor Federal Performance Rating?

In recent years, a wide range of new policies were passed with the intent of making it easier to penalize poor performers in federal workplaces.

In October of 2020, The Office of Personnel Management issued new regulations establishing how managers should handle employees with poor performance ratings. The guidelines, which went into effect in November, enacted the following procedures:

• Employees with poor performance ratings will receive a notice from their supervisor concerning their performance, as well as metrics they should attempt to pass to improve their performance. However, compared to previous federal employee policies, employees now have shorter deadlines to improve their performance, and require fewer formal notices of their performance rating.
• Agencies now have no obligation to employees to help them improve poor performance;
• Employees who are accused of poor performance now have less time to respond to those allegations;
• Agencies are now responsible for reminding supervisors when workers who are under probation for poor performance are about to see their probation periods expire;
• Agencies are now restricted from removing or changing information in an employee's personnel record if an employee with a poor performance rating achieves some sort of settlement agreement with the agency before leaving their position;
• There are now mandatory procedures agencies can take to respond against supervisors who retaliate against whistleblowers.

Generally, employees who receive a poor performance rating will receive a formal notice from their supervisor informing them of how they failed to meet the expectations of their position, and what sort of achievements the employee must make to rectify those errors.

In certain situations, the employee may be placed under probation while they attempt to improve their performance.

Employees are usually given a certain timeframe for improving their performance. If they fail to successfully improve their performance even after multiple formal notices and chances to do so, they may be removed from their position.

How Can I Challenge Allegations of Poor Performance?

Our lawyers are based in Washington, D.C., and bring decades of experience defending federal employees against performance actions and other allegations that can jeopardize their careers. We have been effective at negotiating with federal agencies and getting these proposals reduced or reversed altogether. We do everything we can to advocate for our clients and protect their interests.

Contact our office online or at (202) 350-3881 to schedule your initial consultation.