5 C.F.R. § 359.402 Removal: Unacceptable performance.
Title 5 - Administrative Personnel
Title 5: Administrative Personnel
PART 359—REMOVAL FROM THE SENIOR EXECUTIVE SERVICE; GUARANTEED PLACEMENT IN OTHER PERSONNEL SYSTEMS
Subpart D—Removal of Career Appointees During Probation
§ 359.402 Removal: Unacceptable performance.
(a) Coverage. This section covers the removal of a career appointee from the SES during the probationary period for unacceptable performance.
(b) Basis for action. A removal under this section need not be based upon a final rating under the agency's SES performance appraisal system established under subpart C of part 430 of this chapter. Even if a removal is based on such a rating, the removal action is taken under this section.
(c) Procedures. The agency shall notify the appointee in writing before the effective date of the action. The notice shall, as a minimum—
(1) State the agency's conclusions as to the inadequacies of the appointee's performance;
(2) State whether the appointee has placement rights under §359.701 and, if so, identify the position to which the appointee will be assigned; and
(3) Show the effective date of the action.
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