Justifying Your PIP? What the Recent Precedent-Breaking Fed Circuit Decision Means


Single viewer use only. Not for network use. Please contact FELTG for information on group access or network licensing.


The Federal Circuit recently overturned 40 years of precedent in its Santos v. NASA decision, ruling that agencies under MSPB jurisdiction must have substantial evidence that the employee was performing poorly BEFORE the agency is allowed to put the employee on a PIP.

So, what kinds of evidence do you need pre-PIP? Can an employee grieve your decision to put him on a PIP? Who has the burden to prove whether a performance plan was discriminatory? And, exactly how much poor performance is needed to show a “continued” pattern of poor performance, as is now required?

In this 60-minute webinar, FELTG President Deborah Hopkins and FELTG Instructor Bob Woods will explain how this case drastically changes the way agencies handle instances of employee poor performance, and what’s required to satisfy the new requirements in Santos. While this is a significant change, good news: it doesn’t have to be as difficult as you think and, in fact, may even help you protect the agency against claims of reprisal or discrimination. The instrcutors will walk you through other details in Santos and share some of the pitfalls that could lead to a questioning of whether putting the employee on the performance improvement plan was appropriate.

Attendees will learn how to:

  • Assess what constitutes “continued” poor performance.
  • Determine when there is enough evidence to put an employee on a PIP.
  • Document your justification for putting the employee on a PIP.




Deborah Hopkins

Bob Woods

Additional information


DVD, USB Drive

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