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By: FEDweek StaffA federal employee’s favorable performance rating does not rule out management from taking disciplinary actions for alleged misconduct that occurred during the same period, a federal appeals court has ruled.
The Court of Appeals for the Federal Circuit, in case No. 20-1686, agreed with a former employee that his fully successful rating was “clearly relevant” since “issues of misconduct and performance may overlap”—and did in this case. It agreed that an MSPB hearing officer—whose decision became final and the basis for the appeal–erred by not considering it.
“In so holding, we do not suggest that the existence of a fully successful performance evaluation bars discipline for matters covered by the evaluation, but merely that the evaluation must be considered in making the determination,” the court held.
It said, though, that the error was a harmless one because the employee didn’t show that consideration of the performance evaluation “would likely lead to a different result.” It said that even though the hearing officer did not consider it, the agency deciding official did, weighing it among other factors in deciding on the penalty.
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