The Department of War (DOW) issued a memo on September 30, removing job protections from civilians and requiring managers to terminate employees performing unsuccessfully “with speed and conviction.” The memo, titled “Separation of Employees with Unacceptable Performance” also warns managers will be held “accountable for addressing poor employee performance.” The memo was issued by Anthony Tata, Under Secretary of War for Personnel and Readiness.

The memo is accompanied by four attachments, including criteria for unacceptable performance to substantiate a removal, referencing the 12 Douglas Factors, an example of notice of proposed removal, an example of decision to remove memo, and a deferred resignation agreement.

According to the memo, to justify a removal:

• An employee must be notified they were expected to perform a particular duty and their performance was unacceptable (such as consistent failure to meet deadlines, standards or performance targets, inability to perform key tasks, or repeated errors or omissions)
• The unacceptable performance must negatively affect the Department of War’s ability to carry out its mission
• The DOW must provide specific, objective evidence of the unacceptable performance

The memo lists the 12 Douglas Factors, noted as “a common lens through which to evaluate removal,” however it also states it is not a rigid checklist. “DOW evaluates those factors relevant to the specific situation, allowing flexibility to address performance issues swiftly and effectively,” the memo reads.

The memo gives DOW employees seven days to respond to a notice of proposed removal and the deciding official has 30 days to issue a final decision. The department may use voluntary separation incentive payments (VSIP), voluntary early retirement authority (VERA), and an individualized deferred resignation program (DRP) as separation tools to remove employees.

Department of War employees maintain due process, including potential appeals to the Merit Systems Protection Board, to challenge these personnel decisions.