On November 21, the Office of Personnel Management (OPM) issued a memo titled, “Personal Liability for Managers and Supervisors Conducting Personnel Management Functions.” The memo outlines the backup support OPM and the administration will provide for managers and supervisors as they carry out performance management, saying they have an “extremely limited scope” of personal liability as they manage their employees’ job performance, including addressing unacceptable performance.

To read the full memo, click here.

“When conducting performance management, managers and supervisors are acting under the authority of, and on behalf of, the agency,” the memo reads. “When a federal manager or supervisor engages in performance management -- such as issuing a performance rating, putting an employee on a performance improvement plan, or proposing or deciding to reduce in grade or remove an employee for unacceptable performance -- that action is taken by the agency employer, not the manager or supervisor in their individual capacity. If an employee challenges a performance-based action, it is the

United States or the agency who is held responsible for the action, not the supervisor.

“In the unusual event that a manager or supervisor is sued personally for actions within the scope of their employment, the Department of Justice (DOJ) typically provides representation.”

The memo also references professional liability insurance available to managers and supervisors “to guard against claims that would ordinarily be raised against the agency employer.” FMA partners with FEDS to provide such additional protection at a discounted rate, providing you an attorney representing only your interests.