Common use of Performance Based Actions Clause in Contracts

Performance Based Actions. a. Should all remedial action fail and the employee’s performance is determined to be unacceptable, the supervisor will issue a rating of unacceptable performance to the employee. One of the following actions will be taken: 1) reassignment; 2) reduction to the next lower appropriate grade; or 3) removal. b. When employees are determined to be performing at an unacceptable level, the employees will be notified in writing of their unacceptable performance, what action must be taken by them to improve their performance to an acceptable level, and what assistance will be provided by the employer to help the employees improve their performance. Supervisory assistance should consist of weekly counseling, training and close supervision. The employee will be given 45 calendar days in which to bring their performance up to an acceptable level. At the end of the 45 day period, employee will be reevaluated and informed in writing of their performance. If the employee’s performance improves, any reference to the unacceptable performance shall be removed from the employee’s records after one year. If the performance has not improved and corrective action is necessary, the employer will give the employee written notice of the proposed action setting forth in detail the basis for the action. Such notices will be given to the employees 30 days in advance of the proposed action. Employees will have 15 workdays in which to respond to the proposed action.