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:
I am a federal employee who is over 50 years old and has more than 20 years with the federal government. Can I qualify for a Discontinued Service Retirement if I received an unacceptable performance rating and they attempt removal from an agency and job where I was under probation as a new employee with less than one year in that job?
A:
Your probationary status does add a complication to what would normally be a routine discontinued service retirement. OPM will make the final call, but so long as your dismissal papers reflect unsatisfactory performance and no misconduct, I believe OPM will be favorably inclined to your DSR.
Bill Bransford is managing partner of Shaw Bransford & Roth PC.
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