Federal Probationary Employees: OPM Walks Back Directive—What Now?

If you're a probationary federal employee—or know someone who is—pay close attention. The Office of Personnel Management (OPM) has just issued a new memo clarifying that agencies, not OPM, have discretion over terminations. This comes after a judge recently questioned the legality of probationary terminations under OPM’s previous directive. While this is a significant development, thousands of federal employees have already lost their jobs, and uncertainty remains.

So, what does this mean for you?

The Latest on Probationary Terminations

Earlier this year, OPM issued a directive that many interpreted as an order for agencies to identify and terminate probationary employees. The legality of this move has been under scrutiny, with a judge suggesting that these firings may have been improper. Some agencies, such as the National Science Foundation (NSF), have reinstated employees, while others, like the Department of Defense, have paused actions. Many agencies, however, are still proceeding as usual.

This creates a highly complex and evolving situation for probationary employees who have been terminated. While probationary employees historically have had limited rights to challenge their terminations, new legal developments indicate that some terminations may have been unlawful.

What Should You Do Now?

If you’ve been terminated, time is critical. Here’s what you need to know:

• You have 30 days to challenge your termination before the Merit Systems Protection Board (MSPB).
• Some agencies are reinstating employees, so it's important to understand whether your agency is pausing, reconsidering, or moving forward with terminations.
• The Office of Special Counsel (OSC) is involved, and we have outlined how you can work with them in our latest blog update.

To assist federal employees who may not be able to afford full legal representation, we’ve created a video series breaking down your options before the MSPB. You can access it through the link in our bio.

Stay Informed and Protect Your Career

The landscape for federal probationary employees is shifting. If you’re currently challenging your termination, or if you’re considering taking action, now is the time to stay informed. We'll continue providing updates as more details emerge.

For deeper guidance, resources, and support, consider joining The Mindful Federal Employee Power Hub Membership. This membership helps federal employees navigate workplace challenges, understand their rights, and apply mindfulness strategies to manage stress during uncertain times.

Next Steps

1. Check out our MSPB video series to understand your options.
2. Follow our updates as we track new developments in this case.
3. Share this information with fellow federal employees who may be affected.

This situation is still evolving, and we’re here to provide clarity and support. Stay tuned for more updates.

Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.