Are FBI Agents At-Will Employees? What Garman v. Patel Means for Your Due Process Rights

Are FBI agents at-will employees? The Justice Department says yes, and it has said so in writing to a federal judge. The FBI Agents Association has now filed 31 pages arguing the opposite — and the sharpest thing in the brief is a quotation from the FBI's own recruiting page. The case matters to FBI personnel for obvious reasons. It matters to everyone else in the federal workforce for a less obvious one: it is a clear illustration of what the protections you may already have are actually worth.

What the Case Is About

Three fired FBI agents are suing in Garman v. Patel, No. 1:26-cv-01086 (D.D.C.). Their assignment had been the investigation into a suspected conspiracy to illegally overturn the 2020 election. Last fall, they were summarily dismissed.

The stated reason, in full, was a single sentence: that they had exercised poor judgment and a lack of impartiality in carrying out their duties, leading to the political weaponization of the government. No file to review. No opportunity to respond. No appeal.

The Justice Department's position is that nothing more was owed, because FBI employees are at-will. Its brief goes further: even if the agents were fired for having worked on the cases against President Trump, the government characterizes that as action based on what they did in carrying out their assigned duties rather than on whom they supported.

The Association's Answer: The Assignment Cannot Be the Offense

The FBI Agents Association, which says it represents roughly three-quarters of active special agents, filed a brief on July 31, 2026 (ECF No. 34-1) responding to the government's filing (ECF No. 28-1). Its central objection is structural rather than sentimental: if accepting a lawful assignment can get an agent fired years later, but refusing that assignment is insubordination, then agents are exposed either way and the Bureau cannot function.

Take the case and you may be fired in four years. Refuse it and you may be fired today. That is the trap the Association says the government's theory creates.

The Recruiting-Page Argument

The brief then turns to the FBI's own recruiting materials, which advertise that an agent can retire with 25 years of service at any age, or at age 50 with 20 years. That is not marketing language — it tracks the statutory law enforcement retirement provision, 5 U.S.C. § 8412(d), which entitles an employee separated after 25 years of qualifying law enforcement service, or after reaching age 50 with 20 years of such service, to an immediate annuity. Agents also contribute at a higher rate out of every paycheck to fund it.

The Association's argument is that Congress built that career retirement structure into law deliberately, and that the government cannot recruit on the promise of a career and then treat the job as terminable at will. That is the Association's position, and a reasonable one to advance — but the court has not ruled on it. The reply brief is due August 18.

Why Most Federal Employees Are in a Different Position

Here is the part worth being precise about, because it is easy to read a headline like this one and conclude that no federal employee has meaningful protection. That is not what the law says.

FBI employees really are carved out. Under 5 U.S.C. § 7511(b)(8), the adverse-action subchapter of Chapter 75 does not apply to positions in the Federal Bureau of Investigation. That statutory exclusion is the foundation of the government's argument in this case.

Most federal employees are not in that carve-out. If you are in the competitive service and are not serving a probationary or trial period under an initial appointment — or have completed one year of current continuous service under other than a temporary appointment limited to one year or less — you generally meet the definition of “employee” in 5 U.S.C. § 7511(a)(1)(A). That status carries real procedural rights before an agency can remove you, suspend you for more than 14 days, or reduce your grade or pay:

• At least 30 days' advance written notice stating the specific reasons for the proposed action, 5 U.S.C. § 7513(b)(1), subject to a narrow exception where there is reasonable cause to believe a crime punishable by imprisonment was committed.
• A reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence, § 7513(b)(2).
• The right to be represented by an attorney or other representative, § 7513(b)(3).
• A written decision with the specific reasons for it, at the earliest practicable date, § 7513(b)(4).
• The right to appeal to the Merit Systems Protection Board under § 7513(d).

The three agents in Garman received none of those things. Whether that was lawful is what the court will decide. But the contrast is the point: the difference between a one-sentence termination letter and a full adverse-action process comes down to which statute covers your position.

How to Find Out Whether Chapter 75 Covers You

Most federal employees have never checked, and the answer is not always intuitive — it turns on your appointment type, your service computation date, your tenure group, and whether you have completed probation.

• Pull your most recent SF-50. Your tenure code and the position and appointment data on that form are where this analysis starts.
• Check whether you have completed probation. A probationary employee's rights are narrower — though probationers are far from without options.
• Know your appeal window before you need it. An MSPB appeal generally must be filed within 30 days of the effective date of the action or of the agency's decision, whichever is later. That clock is short, and it does not wait while you decide.

The Practical Takeaway

Read this case for what it actually shows: procedural rights are not abstractions, and their absence is felt immediately. Find out which side of § 7511(b) your position falls on. It takes one look at your SF-50, and it is far better done now than during the week you receive a proposed removal.

If you are facing a proposed removal, a suspension, or a termination you believe skipped steps the law requires, Southworth PC represents federal employees, applicants, and probationers nationwide — you can reach our attorneys for federal employees for a confidential consultation.

Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation. You can contact Southworth PC at attorneysforfederalemployees.com.