OPM's Evidence for Faster Federal Firings: A Spreadsheet and Ten Managers

OPM's proposed rule to make it faster to fire federal employees is back open for public comment, and the new evidence OPM has put on the record is thin: a spreadsheet counting separations and a report built on ten managers describing twenty-two cases. Southworth PC filed a 52-page opposition to this rule in July. This week, we prepared round two: a supplemental opposition. Here is what the rule would do, what OPM's new evidence actually shows, and how you can add your voice before the September 29 deadline.

What the Proposed Rule Would Do to You

If the rule is finalized, here is what a proposed removal would look like:

• A seven-to-ten-day answer window. Your standard time to respond to a proposed removal would be seven to ten calendar days. Weekends count. In that time, you would need to get the evidence file, find a representative, and write your answer.
• Medical conditions waived if not raised. If you do not raise a medical condition in your answer, it would be treated as waived before the decision is even made.
• A shorter PIP with borrowed help. A performance improvement plan would start at a 30-day maximum, and the assistance your agency owes you during the PIP could be assistance it gave you before the PIP started.
• Removal, not demotion. If you fail the PIP, the proposed action would have to be removal. Not a demotion. Removal.

What OPM's New Evidence Shows

To justify the rule, OPM added two things to the record: a spreadsheet counting firings and a report based on ten managers describing twenty-two cases. Neither holds up well under a close read.

The Spreadsheet

OPM says this year's firings look like last year's. But this year's column stops in June, and it is already at 86 to 89 percent of last year's total. A half-year count that is already close to last year's full-year total is not the same as "looks like last year."

The Ten-Manager Report

The report places your EEO complaint, your grievance, your accommodation request, and your leave under a section about employees gaming the system. Those are rights, not tactics. The report also describes three employees who passed their PIPs. On OPM's spreadsheet, they do not exist.

Perhaps most telling, the report's own authors told OPM that counting earlier help as help during a PIP is "impractical" and "unfair to employees."

Why the Record Matters

We read the report, the authors' comment, and the personnel codes behind the spreadsheet. Then we wrote a supplemental opposition that takes the new evidence apart, page by page, and asks OPM to withdraw the rule. Before this rule can become final, OPM has to answer every significant objection on the record. If it cannot, that is what a legal challenge stands on.

Both of our oppositions, OPM's new data, the ten-manager report, and step-by-step instructions for filing your own comment are at FedLegalHelp.com/commentupdate.

How to Comment Before September 29

The rule is not final. You can add to the record until September 29, 2026. This round is limited to OPM's new data and the report, so focus your comment there: tell OPM what a firing count does not count.

• Keep it to one paragraph, in your own words.
• Include nothing confidential and no details of your own case.
• Follow the filing instructions at the link above.

One important caution: a public comment does not extend any reply, grievance, EEO, or appeal deadline you may be facing. If you are on a PIP or have received a proposed removal, those clocks keep running.

A Practical Takeaway

If you know a coworker who is on a PIP right now, send them this post. And if you are facing a proposed removal or a PIP yourself, talk to experienced federal employee lawyers promptly. The response windows are short even under today's rules.

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.