This is to provide notification that I am terminating you from the position of
and federal service consistent with the above references.
On October 7, 2024, the agency appointed you to the
position of Assistant Scientist. As documented on your appointment Standard Form 50 (SF-50), your
appointment is subject to the completion of a probationary/trial period. The agency also
informed you of this requirement in the job opportunity announcement for the position.
Guidance from the Office of Personnel Management (“OPM”) states, “An
appointment is not final until the probationary period is over,” and the probationary period
is part of “the hiring process for employees.” (1) “A probationer is still an applicant for a
finalized appointment to a particular position as well as to the Federal service” (2) “Until the
probationary period has been completed,” a probationer has “the burden to demonstrate
why it is in the public interest for the Government to finalize an appointment to the civil
service for this particular individual.” (3)
OPM has advised that “[p]robationary periods are an essential tool for agencies to
assess employee performance and manage staffing levels.” (4) In light of that guidance, the
Agency finds that you are not fit for continued employment because your ability,
knowledge and/or skills do not fit the Agency’s current needs.
For these reasons, I am terminating you from the position of Assistant Scientist with the
agency and the federal civil service effective February 27, 2025 at 5 p.m. EST.
If you believe this action is the result of discrimination based on partisan political
reasons or marital status, you have the right to file an appeal with the Merit Systems
Protection Board (MSPB) under 5 C.F.R. § 315.806. You must file an appeal within 30
days of the effective date of this decision or 30 days after the date of your receipt of this
decision, whichever is later. You should review MSPB regulations at 5 C.F.R. §§ 1201.14
and 1201.24 for instructions on how to file an electronic appeal and content requirements
of the appeal, respectively. For more information, please visit www.mspb.gov or contact
your local MSPB regional or field office at: https://www.mspb.gov/about/contact.htm
If you believe that your termination is the result of discrimination, you have the
right to file a complaint pursuant to 29 C.F.R. Part 1614. Any allegation of discrimination
based on race, color, religion, sex, national origin, physical or mental disability, and/or age,
must be brought to the attention of an Agency Equal Employment Opportunity (EEO)
Counselor within forty-five (45) days of the effective date of this action. https://www.noaa.gov/civil-
rights/eeo-counseling-complaints
If you elect to seek corrective action by the Office of Special Counsel’s (OSC)
Complaints Examining Unit, your appeal will be limited to a determination as to whether
the Agency took one or more covered personnel actions against you in retaliation for
making one or more protected whistleblowing disclosures, which constitutes a prohibited
personnel practice in accordance with 5 U.S.C. § 2302(b). If OSC dismisses your claim,
you may file an individual right of action appeal to the MSPB, but the MSPB will only
adjudicate whether you proved that your protected disclosure was a contributing factor in
the effected action. For more information, you may visit the OSC’s website at:
https://osc.gov/pages/file-complaint.aspx
If you have any questions regarding this notice, please contact Octavia Saine, Acting Director of the
NOAA Office of Human Capital Services, at octavia.saine@noaa.gov.
VADM Nancy Hann
Deputy Under Secretary for Operations
