5 CFR § 359.402 - Removal: Unacceptable performance.

---
identifier: "/us/cfr/t5/s359.402"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 359.402 - Removal: Unacceptable performance."
title_number: 5
title_name: "Administrative Personnel"
section_number: "359.402"
section_name: "Removal: Unacceptable performance."
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "359"
part_name: "REMOVAL FROM THE SENIOR EXECUTIVE SERVICE; GUARANTEED PLACEMENT IN OTHER PERSONNEL SYSTEMS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 1302, 3302, and 3596, unless otherwise noted."
regulatory_source: "54 FR 18876, May 3, 1989, unless otherwise noted."
cfr_part: "359"
---


# 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 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 and, if so, identify the position to which the appointee will be assigned; and

(3) Show the effective date of the action.