What are my due process rights if I am terminated during my probationary period in the competitive service?
If the agency proposes to terminate you in whole or in part for conditions arising before your appointment, you are entitled to notice of the proposed termination, a reasonable time to answer the proposal notice and to furnish supporting affidavits, and written notice of the agency’s decision. That decision will include the reasons for the action and notice of your right to file an appeal with the Board. 5 C.F.R. §§ 315.805 and .806. You may appeal on the ground that your termination was not effected in accordance with the procedural requirements of § 315.805. If the agency terminates you for unsatisfactory performance or conduct during your probationary period, you are entitled to a written notice why you are being separated and the effective date of the separation. The agency must, at a minimum, state its conclusions as to the inadequacies in your performance or conduct. 5 C.F.R. §315.804. You may appeal your termination (if it was not required by statute) only if you allege it was b
