OPM Suitability Rule: 5-Day Removal Notices Ahead?
The Office of Personnel Management (OPM) has proposed a suitability and fitness rule that could reshape federal employment protections as you know them. The public comment period closes tomorrow, July 3, at 11:59 PM Eastern, so here’s what you need to understand today.
How Does This Rule Change Suitability?
Traditionally, suitability standards – such as those assessing dishonesty, misconduct, or refusal to testify – apply primarily to applicants before they enter federal service. This rule expands OPM’s power to remove current federal employees for “post-appointment conduct” using those same standards.
In short, the same suitability red flags that might have stopped someone from being hired could now trigger removal of an established employee, with OPM itself—rather than your employing agency—taking the lead in deciding your fate.
New Red Flags and Faster Removals
The proposed rule also adds new categories of potentially unsuitable behavior, including theft or misuse of government resources, refusal to sign nondisclosure agreements, or ignoring lawful testimony requirements.
Perhaps the most striking change is to your notice period. Traditionally, employees facing discipline under Chapter 75 have a 30-day window to review the proposal, consult with counsel, and prepare a defense. Under this rule, that timeline could shrink to just five business days.
Why Does This Matter?
Due process underpins federal employment. Five business days is barely enough time to contact an attorney, pull necessary records, and prepare a meaningful reply. Miss that window, and removal can proceed with limited opportunity for MSPB appeal. Agency HR wouldn’t even need to propose removal themselves; they could simply refer your file to OPM, triggering fast-track removal proceedings.
Who Is Affected?
This isn’t limited to one narrow group. Competitive-service employees, career SES, and many accepted service employees are covered. Even contractors and NAF employees are subject to the new fitness criteria. Additionally, the rule envisions “continuous vetting,” where derogatory information gathered during background rechecks feeds directly into this suitability removal process.
What Can You Do Right Now?
If this concerns you – and it should – consider commenting before the deadline. OPM has invited public input, and your perspective could influence final rulemaking.
To comment easily, visit fedlegalhelp.com/suitability. This link redirects directly to the comment portal. Share why slashing reply times or centralizing removal authority could undermine fairness, retention, or mission readiness in your agency.
A Mindful Perspective
Federal employment is rooted in procedural fairness. Rapid changes to these norms understandably create anxiety. Take a moment to breathe deeply, focus on what is within your control today, and consider making your voice heard before this window closes. Our firm will continue monitoring every line of this rule so you can stay focused on serving your mission with clarity and confidence.
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.