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Judge Rules OPM’s Mass Probationary Firings Illegal

due process federal employment mspb appeals opm probationary employees Sep 16, 2025

Earlier this year, thousands of probationary federal employees were swept out of service under a government-wide directive. The Office of Personnel Management (OPM) had ordered agencies to terminate nearly all probationers not labeled “mission critical.” Judge William Alsup has now ruled those mass firings unlawful. His reasoning was straightforward: OPM does not have the legal authority to order separations—only agencies can make those decisions, and each case must be individualized.

No Blanket Reinstatement, but a Key Correction

For many, the hardest part of this ruling is that it does not restore lost jobs. Too much time has passed, too many positions have been eliminated, and too many former employees have moved on. But the court did order something meaningful: 17 agencies must send letters to every separated probationary employee clarifying that their termination was not performance-related. That distinction matters deeply. Careers in federal service often depend on personnel records, and this ruling ensures employees are not left with a stigma they did not earn.

Calling Out “Fabricated” Evidence

Judge Alsup did more than strike down OPM’s directive—he condemned the way it was carried out. He described the government’s justifications as “fabricated” and filled with “chicanery.” That level of judicial rebuke is rare and signals that courts are prepared to intervene when agencies—or OPM—cut corners at the expense of due process. For federal employees, it is a reminder that the judiciary can act as a crucial safeguard when administrative actions overstep the law.

What This Means for Probationary Employees

Probationary status is often viewed as a period of vulnerability, with fewer protections than tenured employees enjoy. Yet this case shows that even probationers cannot be terminated en masse without lawful procedure. The takeaway is simple: you may have fewer substantive rights during probation, but your procedural rights are very real. When the government ignores them, the courts can and will respond.

A Broader Lesson in Mindful Perspective

For those affected, the loss of a job is not erased by a corrective letter. But the ruling does provide validation: the separation was never about your performance or worth. In mindfulness practice, we call this “non-identification”—recognizing that your value is not determined by external judgments. The court’s ruling reinforces that principle in law: the failures here lay with the system, not with 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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