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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