Q & A Session – Getting Hired for New Job While Under PIP


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.


I am a federal employee with over 20 years of service. I have always received at least a satisfactory appraisal and have numerous recent performance awards. A year ago, I started a new federal job and, after seven months, I received an unacceptable appraisal with a zero rating, and I was placed on a 90-day PIP. I am desperately trying to get out of a very bad job situation.

If a potential employer does not ask for a copy of the appraisal or does not ask if it was satisfactory during the application or interview process and offers me a job, can they withdraw the offer or terminate me once they receive a copy of my official personnel folder and find the unsatisfactory appraisal in it?


They can withdraw the offer before you start. Once you start, assuming you are not required to complete a probationary or trial period, you may not be terminated, unless you are less than honest during the application process.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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  1. My father passed when I was 28 years old 2 years before retiring from being an FAA employee for over 26 years. He never remarried after divorcing my mom when I was 13… I was named the his benificiary with 80% of his life insurance and 100% benificiary of his retirement. Since he passed away only 2 years prior to his retirement, I was told that I was only elgible for his lump sum and accumulated vacation time but not his pension benifits. It seems that there should be a percentage of his pension…not only the lump sum. Please advise. Thank you.

  2. Jesus G. Benavides on

    I received a Reduction in Force (RIF) in October 7, 2011.
    I have been (verbally) offered a job in Arizona and still waiting for the documented (email) offer.
    The wage grade I retired from was WG-10. The new wage grade I am sure is lower with a different locality pay (AK vs. AZ).

    My present retirement income is $1,300 a month. My questions are:
    1. Can you explain if I would be subject to a pay reduction?
    2. Will my last 3 high grade be affected if I decide to accept the job indefinitely when my retirement is permanent?
    3. Will I be required to pay my own relocation costs?
    4. What kind of negotiating tools do I have?

    Thank you for taking my question. If you can elaborate on what I should look for it would be helpful.

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