Ask The Lawyer

By Debra Roth

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

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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 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?

A:

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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Comments

  1. Sally Says:
    May 13th, 2012 at 7:16 pm

    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 Says:
    May 30th, 2012 at 4:37 pm

    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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