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Can I be removed without due cause under NSPS?

Bureaupat has the answer

By Bureaupat Sep 02 2009, 06:46 AM

Dear Bureaupat,

I'm a government worker under the National Security Personnel System and will reach my one year anniversary in October 2009. However, due to unfair treatment in the office, I am being released.

This all started because I would not sign an interim appraisal that the supervisor would not review with me. Afterwards, it got personal with no documentation to support the early dismissal. I was going to resign prior to the removal, but under NSPS, my supervisor was told I could be removed immediately. Under NSPS, can I be removed without due cause?

Dear Slighted,

I am sorry your first experience in government was as you described. There are always a few bad apples in the bunch.

One thing most new employees are unaware of is the probationary period. It may take an act of Congress to remove a fed from a government job, but first you have to get past your probationary period.

For managers and supervisors, the probation period is one of the government's secret tools for removing new employees faster than Rod Blagojevich can say something stupid, and with very little oversight.

Most federal employees spend a year on probation after being hired, and the rules for job tryouts make it relatively easy for managers to weed out poor performers or problem workers and show them the door during this period.

Under NSPS, employees who are given permanent or term appointments in the competitive or excepted service serve a probationary period of 1 year at minimum. Probationary periods of longer than 1 year may be established by the Under Secretary of Defense for Personnel and Readiness for select occupations.

The probationary period is really the final and most important step in the selection process. It affords the supervisor an opportunity to evaluate the employee's performance and conduct on the job, and to remove the person without due process, if necessary.

This explains why your supervisor did not document the dismissal. With that said, a good supervisor will always create a document trail, if only as a CYA measure.

Typically, you could seek relief through the Merit Systems Protection Board if your employer removed you for either marital status and/or political affiliation. The Board also has responsibility for hearing and adjudicating appeals by federal employees of adverse personnel actions, such as removals, suspensions, and demotions.

But under NSPS, the use of the MSPB is not as clear as for General Schedule (GS) employees—which is one of its criticisms from unions and federal personnel who are familiar with unfair bosses.

Regarding your situation, I would contact your human resource office immediately to determine your rights, or meet with your local equal employment office (EEO) to discuss your options. If you are part of a employee union, contact your union steward. Remember, you still have rights and due process!

Yours in Gov,

Bureaupat

 

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COMMENT

LR/ER in DoD
September 8, 2009 11:08 AM

"But under NSPS, the use of the MSPB is not as clear as for General Schedule (GS) employees—"....Okay...maybe not clear to you BureauPat.  Let me help.  Employees under NSPS have the same due process rights as GS.  NSPS employees operate under government-wide rules for adverse actions and appeals.  It is no different for NSPS and has always been the same as GS ever since NSPS was implemented.  And while DoD can establish longer probationary periods under NSPS, the due process is driven by chapters 75 (adverse actions) and 77 (appeals) of title 5...longer periods doesn't mean different due process rights.

UD
September 14, 2009 10:34 AM

I don't know why anyone believes that it takes an act of congress to fire a federal employee.  I worked for the Gov for 23 years, asked for a reasonable accommodation for my "hidden disability" terminated within a year.  The charge to this date was never proven and it says so in the MSPB's decision.

Oh, yeah, before I requested a reasonable accommodation, I sustained a record of 3 outstanding performance appraisals.  

 

         

 

 

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