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IRS Details, Failed Training, and Discipline Risks

federal employment federal reassignments irs employees mspb appeals performance discipline Jun 10, 2026

The recent NOTUS reporting about the IRS raises a hard question for federal employees: what happens when workforce cuts create operational gaps, and the people left behind are blamed for not instantly mastering work they were never hired or trained to perform? According to the report, after losing roughly 25,000 employees—about a quarter of its workforce—the IRS reassigned more than 1,000 IT and HR employees to help process tax returns. Many had no taxpayer-facing experience and received nine weeks of classroom training before certification testing.

That matters because a lawful reassignment is not the same thing as lawful discipline. Agencies generally have broad discretion to detail or reassign employees, especially during staffing shortages. But when an agency turns the consequences of that staffing decision into discipline, the legal analysis changes.

Details May Be Legal, But Discipline Has Limits

If an employee is suspended for more than 14 days, demoted, or removed, that action may be appealable to the Merit Systems Protection Board under 5 U.S.C. § 7512. The agency must prove the charge, show a connection between the conduct and the efficiency of the service, and support the penalty it chose. A failed certification exam after rushed training in an unfamiliar role may not automatically justify severe discipline.

Performance-based actions also require careful scrutiny. Federal employees generally must receive a meaningful opportunity to improve before being removed for unacceptable performance. A “chance to improve” should be more than a paper exercise. If the training was inadequate, the standards unclear, the role outside the employee’s background, or the timeline unrealistic, those facts may become central to the defense.

What Employees Should Document Now

Employees on these IRS details should begin preserving records before any discipline is proposed. Keep the reassignment or detail notice, training materials, schedules, exam results, performance feedback, and any emails showing confusion about duties or expectations. If supervisors gave inconsistent instructions, document that too. The goal is not to create conflict. The goal is to preserve the facts while memories are fresh.

Union-covered employees should also consider contacting their union representative early about the detail itself, working conditions, or changes to duties. If discipline later arrives, the analysis becomes more individualized and potentially more serious.

This Is Not a Personal Failure

The mindful frame matters here. Being placed into an unfamiliar job after massive workforce cuts can trigger anxiety, shame, and fear. But employees should separate responsibility from blame. If leadership cuts staffing, reassigns employees outside their expertise, and then treats predictable failure as personal misconduct, that is not simply a performance issue. It is a systems issue with legal consequences.

For employees who believe they were targeted because of age, disability, prior EEO activity, whistleblowing, or another protected factor, the pattern should be reviewed carefully. Timing, comparators, comments, and selective enforcement may matter.

Federal service is stressful enough without employees being made the scapegoat for decisions above their grade level. The practical step is simple: breathe, document, and get advice before responding emotionally or signing anything that may later be used against you.

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.

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