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More Feds Appealing Poor Performance Reviews

Appeals could be related to pay freeze, other cuts, MSPB says.

More federal employees filed complaints based on performance reviews in 2012 than in years past, while the overall number of complaints went down, according to the Merit Systems Protection Board.

MSPB -- an independent, quasi-judicial agency that serves to protect federal workers -- found in its annual report the number of performance-based appeals it decided increased 41 percent from 2011 to 155. The overall number of appeals it decided decreased 10 percent.

A poor performance rating can diminish an employee’s chance to earn a promotion or pay raise. After receiving such a rating, an employee is typically placed on a “performance improvement plan,” according to MSPB. If performance does not improve, the employee is then fired or demoted. At this point, the employee can file an appeal with MSPB.

The Board’s report did not distinguish the number of cases ruled in favor of the employee versus the agency, but did point to pay freezes, fewer employee awards and limits on within-grade pay increases as possible motives for the surge in performance-based appeals. 

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