When Can a Government Employee Be Dropped From the Rolls for Unsatisfactory Performance?

The Constitution and civil service rules protect government employees from arbitrary removal, but they also require efficient public service. One way an employee may be separated is being "dropped from the rolls" for unsatisfactory performance. This article explains when that is allowed and what due process requires.

What Does "Dropped From the Rolls" Mean?

Being dropped from the rolls is a form of separation from government service. It is not a penalty for a specific offense like dishonesty or misconduct. Instead, it is an administrative remedy used when an employee's performance is so poor that keeping them in the service is no longer justified.

The Civil Service Commission (CSC) has issued rules on this matter. Under the Omnibus Rules on Appointments and Other Human Resource Actions (ORAOHRA), an employee may be dropped from the rolls if they have been absent without approved leave for at least 30 working days. But unsatisfactory performance is a separate ground, governed by the CSC's Performance Management System.

What Counts as Unsatisfactory Performance?

Not every poor rating justifies dropping an employee. The standard is a consistent and significant failure to meet the requirements of the position. The following are typically considered:

• Failure to meet performance targets for two consecutive rating periods
• Incompetence or inefficiency in performing core functions
• Failure to improve despite interventions like coaching or training

The key is that the employee must have been given a fair opportunity to improve. A single bad rating, or a rating that is merely "needs improvement," is not enough.

The Due Process Requirement

The Supreme Court has repeatedly held that public employees cannot be removed without due process. In administrative cases, due process means two things: notice and hearing.

For dropping from the rolls, the employee must receive:

1. Written notice of the unsatisfactory performance rating and the intention to drop them from the rolls
2. An opportunity to respond or explain their side
3. A written decision explaining the basis for the separation

The employee must also be informed of the specific performance deficiencies and given a chance to correct them. This is why the CSC requires a Performance Improvement Plan (PIP) before an employee can be dropped for unsatisfactory performance.

What the Law Requires Before Separation

The procedure generally follows these steps:

1. The agency issues a rating notice to the employee
2. The employee is given a PIP for a reasonable period
3. If performance does not improve, the agency issues a second notice
4. The employee is given a chance to comment or appeal
5. The agency issues a final decision, which must state the reasons

If the agency skips any of these steps, the separation may be declared void. The employee may also appeal to the CSC, which has the power to reverse or modify the agency's decision.

Practical Takeaways

• Performance is a valid ground for separation, but only after the employee has been given a fair chance to improve.
• Due process is non-negotiable. Without proper notice and hearing, the separation is invalid.
• Documentation matters. Agencies must keep records of ratings, PIPs, and notices to justify the action.
• Employees have remedies. A dropped employee may appeal to the CSC or file a case in court if the procedure was defective.
• Consult a lawyer early. If an agency starts a PIP or issues a notice, seek legal advice immediately to protect your rights.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.