Notice of Proposed Action for Unacceptable Performance Sample Clauses

Notice of Proposed Action for Unacceptable Performance. If the employee’s performance in the critical element(s) does not improve to an acceptable level after the ninety (90) day PIP period or is not sustained for one year, the Employer may choose to reassign the employee to another position, or propose a reduction-in-grade or removal action. An employee whose reduction in grade or removal is proposed is entitled to: 1. Advance proposed notice. The Employer will afford the employee a minimum of thirty (30) days of advance written notice of the proposed action that identifies both the specific instances of unacceptable performance by the employee on which the proposed action is based and the critical element(s) involved in each instance of unacceptable performance. The proposed action may be based only on instances of unacceptable performance which occur within a one year period ending on the date of the notice of proposed action. 2. Opportunity to answer and right to representation. The notice will inform the employee that they have the right to respond to the proposed action orally and/or in writing within eight (8) working days and that they have the right to Union or other representation. 3. Consideration of medical condition. The Employer will allow an employee who wishes to raise a medical condition that may have contributed to his/her unacceptable performance to furnish medical documentation of the condition for the Employer’s consideration. However, employees are strongly advised to bring such medical condition to the attention of the Employer at the earliest possible time.