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:
Please provide me with the legal authority by which a personnel action can be authorized and issued for an employee who fails a PIP, is fired for poor performance and opts for a discontinued service or early retirement.
A:
The problem with an answer to your question is there is no specific legal authority. It used to be contained in the old federal personnel manual. The best I can do is a reference to 5 U.S.C. § 8336 (d)(1) and 5 U.S.C. § 8414 (b)(1) authorizes discontinued service retirement if an employee is separated involuntarily for reason other than misconduct or delinquency. OPM does not consider removal based on unacceptable performance or 5 U.S.C chapter 43 to be misconduct or delinquency.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
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