{"data":{"id":"us/5-cfr-359.402","jurisdiction":"us","citation":"5 CFR 359.402","heading":"Removal: Unacceptable performance.","body":"(a) Coverage. This section covers the removal of a career appointee from the SES during the probationary period for unacceptable performance.\n(b) Basis for action. A removal under this section need not be based upon a final rating under the agency's SES performance appraisal system established under subpart C of part 430 of this chapter. Even if a removal is based on such a rating, the removal action is taken under this section.\n(c) Procedures. The agency shall notify the appointee in writing before the effective date of the action. The notice shall, as a minimum—\n(1) State the agency's conclusions as to the inadequacies of the appointee's performance;\n(2) State whether the appointee has placement rights under § 359.701 and, if so, identify the position to which the appointee will be assigned; and\n(3) Show the effective date of the action.","path":["Title 5—Administrative Personnel","CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT","SUBCHAPTER B—CIVIL SERVICE REGULATIONS","PART 359—REMOVAL FROM THE SENIOR EXECUTIVE SERVICE; GUARANTEED PLACEMENT IN OTHER PERSONNEL SYSTEMS","Subpart D—Removal of Career Appointees During Probation"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-5.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:23:53Z","sha256":"5ae9dc8f3953cba9929d63ae71e854c8c7010903d82279b3fdf631b20041d6a8","source_id":"us-cfr","stale":true,"prev":"us/5-cfr-359.401","next":"us/5-cfr-359.403"},"notice":"GroundRules: Original legal text. Not legal advice."}