- The employee must have first been provided an opportunity to improve, in the form of a Performance Improvement Plan (PIP), and been unsatisfactory at the conclusion of the PIP period.
- If unsuccessful following the PIP, provide the employee with a 30-day advance written notice of the proposed adverse action. The notice must identify specific instances of unacceptable performance on which the action is based. The objectives/responsibilities involved must be listed. The unacceptable performance must have occurred during the one-year period that ends on the date of the proposed notice.
- In response to the proposal notice, the employee is entitled to be represented by an attorney or other
representative. - The employee must be given a reasonable amount of time to answer orally and/or in writing.
- The employee is entitled to have access to all materials relied upon for the proposed notice.

