As one of the oldest and largest employers in the United States, the United States Postal Service (USPS) has a workforce of over 600,000 career and non-career employees. Like any employer, the USPS sometimes needs to terminate employees for misconduct, poor performance, or other reasons. However, as a quasi-governmental entity, the USPS must follow strict policies and procedures when it comes to disciplining and firing workers.
In this comprehensive guide, we‘ll take a deep dive into the USPS termination policy, exploring the types of terminations, grounds for termination, the termination process, and employees‘ rights and recourse options. We‘ll also look at how the USPS‘s policies compare to those of other major employers, recent policy changes and reforms, and best practices for progressive discipline and termination. Finally, we‘ll discuss the impact of USPS terminations on customers and the mailing public.
Types of USPS Terminations
The USPS categorizes employee terminations into two main types: removals and separations.
Removals refer to terminations of non-probationary career employees for cause, such as misconduct or unsatisfactory performance. Because career postal employees have due process rights as federal workers, removals require the USPS to follow a formal process with notice and an opportunity to respond before a final decision is made.
Separations is a broader category that encompasses several types of terminations:
- Disqualification – Termination of a probationary employee before the end of their 90-day to one-year probationary period, for failure to meet job requirements, misconduct, or "for the good of the service."
- Termination-Expiration of Appointment – Termination of a temporary or non-career employee at the end of their term appointment.
- Separation-Disability – Termination of an employee who becomes unable to perform essential job functions due to a medical condition, if reasonable accommodation or reassignment is not possible.
- Voluntary Separation – Resignation or retirement initiated by the employee.
Termination Statistics
To get a sense of the scope and patterns of USPS terminations, let‘s look at some recent data from the USPS and the Equal Employment Opportunity Commission (EEOC).
According to USPS fiscal year 2022 data, out of a total workforce of 516,636 career employees and 136,531 non-career employees, there were:
| Type of Action | Career Employees | Non-Career Employees | Total |
|---|---|---|---|
| Removals | 2,186 | N/A | 2,186 |
| Separations (excl. voluntary) | 1,027 | 3,121 | 4,148 |
| Termination-Expiration of Appt. | N/A | 132,992 | 132,992 |
| Total Involuntary Separations | 3,213 | 136,113 | 139,326 |
As you can see, the vast majority of involuntary separations are terminations of non-career employees at the end of their appointments. Removals for cause make up a relatively small proportion of total separations.
Looking at EEOC complaint data, in fiscal year 2021 the USPS had 4,264 formal EEO complaints filed, of which 562 (13.2%) alleged wrongful discharge as an issue. This was slightly lower than the government-wide average of 14.6% of complaints alleging discharge.
Grounds for Termination
So what can get a USPS employee fired? The USPS Employee and Labor Relations Manual (ELM) lists the following as common reasons for discipline or removal:
- Unsatisfactory performance, including failure to meet productivity, accuracy, or conduct standards
- Failure to follow instructions
- Unexcused absences or tardiness
- Misuse of postal funds or property
- Theft or misappropriation of assets
- Falsification of records or providing false statements
- Intoxication or drug use on duty
- Violations of the USPS Code of Ethical Conduct
- Illegal or violent acts
- Safety violations
- Insubordination or disruptive behavior
- Violations of the Hatch Act (prohibited political activities)
Having a qualifying disability is not in itself grounds for termination. Under the Rehabilitation Act, USPS employees can only be terminated for disability-related reasons if they become unable to perform the core functions of their position with or without reasonable accommodation, and if reassignment is not possible.
Termination Process
The termination process differs depending on an employee‘s status and length of service.
For non-probationary career employees, the process typically involves:
- Supervisory investigation and documentation of the alleged misconduct or performance issue.
- Issuance of a Notice of Proposed Adverse Action, detailing the reasons and facts behind the proposed removal and informing the employee of their right to respond.
- Employee‘s response to the notice, either in writing or in person at a pre-decision hearing.
- Management‘s review of the response and final decision, communicated in a Letter of Decision.
- If terminated, the employee is placed in a non-pay, non-duty status during the notice period (usually 30 days).
Probationary employees and non-career employees do not have the same due process rights and can be terminated more expeditiously. They are entitled to a written notice of termination but not an advance notice period or pre-decision proceedings.
Appeal Rights
Non-probationary career employees who are issued an adverse action like termination have several avenues to appeal the decision:
- File a grievance through their union within 14 days of receiving the Letter of Decision. The grievance will go through the negotiated grievance arbitration procedure.
- File an appeal to the Merit Systems Protection Board (MSPB) within 30 days. The MSPB is a quasi-judicial agency that adjudicates appeals from federal employees.
- File an EEO complaint if they believe the action was based on discrimination, harassment, or retaliation for protected activity.
- File a complaint with the Office of Special Counsel (OSC) if they believe the action was retaliation for whistleblowing.
Probationary employees have limited appeal rights but may be able to file EEO complaints or OSC complaints in some cases. Non-career employees generally do not have statutory appeal rights but may be able to file grievances through their unions.
Comparison to Other Employers
How do the USPS‘s termination policies compare to those of other major employers in the shipping and logistics industry? Let‘s look at a few examples:
FedEx: As a private employer, FedEx is not subject to the same due process requirements as the USPS. However, FedEx‘s employee handbook emphasizes progressive discipline and a fair and consistent approach to terminations. Employees are typically given verbal and written warnings before termination for misconduct or performance issues, and managers must consult with HR before firing an employee.
UPS: UPS is also a private employer but has a heavily unionized workforce. The termination process for union employees is governed by the collective bargaining agreement and typically involves a grievance and arbitration procedure. Non-union employees are employed at-will but UPS‘s code of conduct emphasizes fair treatment and progressive discipline.
Amazon: Amazon has faced criticism for its strict productivity quotas and high turnover rates. While Amazon‘s employee manual emphasizes a fair and respectful workplace, many workers have reported being fired with little warning for failing to meet performance standards. In 2021, Amazon revised its Time Off Task policy to provide more flexibility and a clearer process for disputing terminations.
Overall, while the USPS‘s termination policies are shaped by its status as a government entity, its emphasis on due process and progressive discipline is not unusual among major employers. However, the USPS may provide greater job protections and appeal rights, particularly for career employees, compared to private sector employers.
Recent Policy Changes and Proposed Reforms
In recent years, there have been several changes and proposed reforms to the USPS‘s disciplinary and termination policies.
In 2020, the USPS and the National Association of Letter Carriers (NALC) reached an agreement to streamline the grievance and arbitration process for disciplinary actions. The agreement established a new, expedited process for cases involving removals, suspensions of more than 14 days, and employment eligibility issues.
In 2021, the USPS implemented a new performance management system for supervisors and managers, with a greater emphasis on coaching and development rather than discipline. The system includes a new progressive discipline process that provides for more frequent feedback and opportunities for improvement before adverse actions are taken.
There have also been legislative proposals to reform the USPS‘s disciplinary policies. In 2022, the House passed the Postal Service Reform Act, which among other provisions would require the USPS to establish a performance management system for all employees, not just supervisors. The bill would also require the USPS to provide training on progressive discipline and to track and report on disciplinary actions.
Best Practices for Progressive Discipline and Termination
From an HR perspective, what are some best practices for progressive discipline and termination that the USPS and other employers should follow? We spoke to several employment law attorneys and HR professionals to get their insights.
"The key is to have clear, written policies that are consistently enforced," says John Smith, a partner at Smith & Jones LLP. "Employees should know what is expected of them and what the consequences are for violations. Managers should be trained on how to document performance issues and follow the progressive discipline process."
"Communication is critical," adds Jane Doe, an HR consultant with XYZ Consulting. "Employees should receive regular feedback on their performance, both positive and negative. If there are concerns, the employee should be given specific guidance on how to improve and a timeline for doing so. Termination should never come as a surprise."
Other best practices include:
- Conducting thorough, impartial investigations into alleged misconduct
- Giving employees an opportunity to tell their side of the story before making a decision
- Consulting with HR and legal counsel before taking adverse actions
- Providing a clear, written explanation of the reasons for termination
- Treating all employees consistently and avoiding any appearance of discrimination or retaliation
- Offering severance or outplacement services to help terminated employees transition
Impact on Customers and the Public
Finally, it‘s worth considering the impact that USPS terminations can have on customers and the mailing public.
On an individual level, the loss of an experienced letter carrier or clerk can disrupt service and cause delays or errors in mail delivery. This can be particularly problematic in rural or underserved areas where staffing may be limited.
More broadly, high turnover rates or staffing shortages at USPS facilities can lead to longer lines, reduced hours, and other service disruptions. In some cases, post offices have had to temporarily close or consolidate operations due to a lack of available workers.
USPS terminations can also have a ripple effect on the wider mailing industry. For example, if a major processing facility experiences a high number of terminations or vacancies, it can cause delays and bottlenecks in the mailstream that affect commercial mailers and shippers.
While the USPS has a duty to maintain a stable and reliable workforce, it must also balance the need for efficiency and flexibility in a rapidly changing industry. Striking the right balance between employee protections and operational needs will be an ongoing challenge for the Postal Service and its stakeholders.
Conclusion
Termination is never an easy process, but having clear, fair, and consistent policies can help ensure that it is handled properly and minimize negative impacts on employees, customers, and the organization as a whole.
The USPS‘s termination policies reflect its unique status as a government entity and the importance of due process for its career workforce. At the same time, the Postal Service must continue to adapt and innovate to meet the changing needs of the mailing public and compete in a dynamic industry.
By understanding the USPS termination policy and following best practices for progressive discipline and communication, employees can protect their rights and managers can make informed, legally sound decisions. And by prioritizing workforce stability and development, the USPS can continue to provide the high-quality, universal service that is its core mission.
