Judge Ruled OPM’s Mass Probationary Firings Were Not Lawful
employee rights federal employment mspb appeals opm policy probationary employees Sep 15, 2025Earlier this year, the Office of Personnel Management (OPM) directed agencies to list every probationary employee, update that list daily, and fire nearly everyone not labeled “mission critical.” Agencies had to seek exemptions from OPM, and in most cases, probationers were separated with a boilerplate letter citing “performance” without any actual review of their work. Within weeks, over 25,000 employees were out of government service.
On September 12, 2025, a federal judge ruled this plan unlawful. OPM can recommend policy, but it cannot order agencies to fire employees. Most importantly, terminations labeled “performance-based” without individual evaluation violated the law.
What the Ruling Does—and Does Not Do
The decision is a landmark for probationary employees, but it comes with limits. The court did not order reinstatement. If you were separated under the plan, you will not automatically get your job back. That said, for non-probationary employees fighting reductions in force (RIFs), reinstatement can still be on the table in other cases.
What the ruling does accomplish is just as critical: it clears names and protects records. Agencies must now correct personnel files and formally acknowledge that the separations were not based on individual performance.
Key Compliance Deadlines for Agencies
Federal agencies are under strict timelines to implement this ruling:
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By October 31: HR leaders must acknowledge the order.
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By November 14: Agencies must issue corrected SF-50s and letters to affected employees stating explicitly that their separations were not due to personal performance.
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By November 21: Agencies must file sworn declarations of compliance.
Importantly, agencies may not recycle OPM’s template letters or characterize these separations as “for cause” when responding to future employers or security offices.
What You Should Do if You Were Affected
If you were terminated under this plan:
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Request your corrected SF-50 and letter. These are essential for clearing your record.
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Save the documents. They may be critical when applying for new federal jobs or renewing a security clearance.
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Push back if needed. This is a binding federal court order. If your agency fails to comply, you have grounds to insist on correction.
The Broader Takeaway
This ruling reaffirms a principle that matters to every federal employee: careers cannot be reduced to a spreadsheet and a form letter. Agencies must make individualized decisions, and your name and professional reputation deserve protection.
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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