Q&A Session – Promotional Denial

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

Can a federal employee’s full performance level promotion be denied after the initial probationary period expired without any prior notification of unsatisfactory performance?

A:

Yes. Full performance level or career ladder promotions have a different standard than probationary periods. The standard for full performance is the ability to perform at the next higher level.

Generally speaking, an employee on a PIP has very limited recourse other than to try to adhere to the PIP’s requirements.

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