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3 Cards in this Set
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Mary P. Egan, Apellant, v. Department of the Treasury, Agency
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Subject: Determination of Element Failure
Case Brief: An IRS agent was removed from service for failing to close cases timely. There were three standards under the element "Business Results Efficiency." The agency contended that the appelant failed two of the three standards (1) Completes work timely, and (2) Prioritizes Work. At hearing, the agency demonstrated that the appellant had substantial overages beyond the deadlines established by IRS Manual. Additionally, the supervisor testified that the files were poorly organized. The appellant was offered a 60 day PIP to close 11 cases that were considered overages. During the opportunity period, the appelant closed less than 1/2 of these cases even though an additional 47 days were added to her PIP. Under the "substantial" burden of proof standard that is relevant in performance based actions, the AJ determined that there was enough evidence to concluded that a reasonable person would agree that the appellant failed to meet the performance standards as described. The demotion was upheld. Take Away: |
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Case 2
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Brief 2
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Case 3
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Brief 3
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