5 CFR §359.402

1. (a)Coverage. This section covers the removal of a career appointee from the SES during the probationary period for unacceptable performance.
2. (b)Basis for action. A removal under this section need not be based upon a final rating under the agency's SES performance appraisal system established under subpart C of part 430 of this chapter. Even if a removal is based on such a rating, the removal action is taken under this section.
3. (c)Procedures. The agency shall notify the appointee in writing before the effective date of the action. The notice shall, as a minimum—
   1. (1)State the agency's conclusions as to the inadequacies of the appointee's performance;
   2. (2)State whether the appointee has placement rights under § 359.701 and, if so, identify the position to which the appointee will be assigned; and
   3. (3)Show the effective date of the action.