An employee serving under a temporary appointment shall be a non-competing employee in a reduction in force and shall be terminated ahead of any competing employee in his or her competitive level without regard to length of creditable service or preference eligibility, unless the positions in the competitive level are not affected by the reduction in force.
An employee with a current performance rating of "Inadequate Performer" or a current performance rating at the level equivalent to "Inadequate Performer" under the Legal Service performance appraisal system set forth in chapter 36 of these regulations, as applicable, shall be a non-competing employee in a reduction in force and shall be terminated ahead of any competing employee in his or her competitive level without regard to length of creditable service or preference eligibility, unless the positions in the competitive level are not affected by the reduction in force.
To ensure that non-competing employees are separated ahead of competing employees, they shall be listed separately below group III employees on the retention register or on a separate list appended to the retention register, as provided in subsection 2412.10 of this chapter.
D.C. Mun. Regs. tit. 6, r. 6-B2414