---
kind: "section"
citation: "5 C.F.R. § 359.402"
title: "5"
number: "359.402"
heading: "Removal: Unacceptable performance."
url: "https://uscodex.org/cfr/5/359.402"
---

# §359.402. Removal: Unacceptable performance.

- (a) **Coverage.** This section covers the removal of a career appointee from the SES during the probationary period for unacceptable performance.
- (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](/cfr/5/part430-subpartC.md) of this chapter. Even if a removal is based on such a rating, the removal action is taken under this section.
- (c) **Procedures.** The agency shall notify the appointee in writing before the effective date of the action. The notice shall, as a minimum—
  - (1) State the agency's conclusions as to the inadequacies of the appointee's performance;
  - (2) State whether the appointee has placement rights under [§ 359.701](/cfr/5/359.701.md) and, if so, identify the position to which the appointee will be assigned; and
  - (3) **Show the effective date of the action.**

## Notes

### Authority

Authority: 5 U.S.C. 1302, 3302, and 3596, unless otherwise noted.

### Source

Source: 54 FR 18876, May 3, 1989, unless otherwise noted.