Defending Federal Employees in PIP cases

By John V. Berry, Esq., www.berrylegal.com

It is important that federal employees faced with a performance improvement plan (PIP) consult an attorney as soon as possible. The longer that a federal employee goes forward in the performance improvement process, without legal representation, the more difficult it may be for an attorney to assist that individual later in the process. When federal employees fall below expected standards, they may be placed on a PIP. A PIP usually begins following a poor performance rating.

Performance Improvement Plans

The use of a Performance Improvement Plan (PIP) is typically the beginning of the removal or demotion process for a federal employee. It is common practice for federal employees to be initially told that placement on a PIP is designed as a positive benefit to them and necessary to make them better performers. Managers sometimes even promise employees that they will be given special assistance to ensure that they are successful during their PIP periods, only to later find themselves facing a potential removal a few months later.

This article discusses federal employee concerns when PIPs become an issue. Please continue reading on the next page.

Constructive Discharge for Federal Employees

By John V. Berry, Esq., www.berrylegal.com

In the course of discrimination and termination cases involving federal employees, we are often asked about the concept of constructive discharge, also known as constructive termination or removal. Many federal employees ask what a constructive discharge or constructive removal is and whether it may apply to their case. The best way to describe a constructive discharge claim is as follows: a constructive discharge is a forced resignation or retirement by involuntary means.Constructive Discharge

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Federal Employee Law Blog Begins

 

By John V. Berry, Esq., www.berrylegal.com

Berry & Berry, PLLC, attorneys specializing in federal employment law matters before the Merit Systems Protection Board, the Equal Employment Opportunity Commission, the Defense Office of Hearings and Appeals, the Office of Special Counsel, and many other federal administrative agencies are proud to announce their new blog, which provides information on various areas of interest to federal employees.