Probationary Terminations of Federal Employees: Know Your Rights and Options (Explained Simply)
Is it Illegal to Fire Probationary Federal Employees?
Recently, a judge in California said many recent probationary firings by federal agencies might be against the law because the firings were not because of performance or conduct issues applied individually, but were a hidden RIF without giving the probationary employees RIF rights. The Office of Special Counsel (OSC)—a government office protecting federal employees—tried to stop some of these firings. They even started helping about 5,000 Department of Agriculture workers get their jobs back. But recently, OSC’s leader was fired, and we don’t know yet if they’ll continue fighting.
Because of this, many law firms are now taking action directly with the Merit Systems Protection Board (MSPB), a board before which federal employees challenge unfair firings. These law firms are filing "class action appeals," meaning they represent large groups of people who were all fired unfairly.
Class Actions: How They Can Help You
Two different groups are now fighting these unfair firings:
One group filed appeals with OSC, arguing that mass firings were illegal "hidden reductions-in-force" (RIFs). However, as mentioned, OSC’s future actions are uncertain right now.
A second group of law firms filed appeals directly with the MSPB. They say that agencies broke federal law because they fired probationary employees as part of large-scale staff cuts without following required procedures. Class actions at the MSPB have already started for many agencies, including USDA, VA, DHS, Treasury (including IRS employees), and many others. You can find more details and track these class actions closely.
Even if you’re unsure about joining a class action, contacting these groups costs nothing and helps protect your rights.
π Learn More about OSC Class Actions
π Learn More about MSPB Class Actions
You don’t have to do anything right now to be included in these MSPB class actions. If a judge approves these cases as class actions, you'll get instructions later. But remember: these class actions only cover the specific issue of hidden RIF procedures. If you do not act in 30 days, you could lose your other rights.
When Should You Talk to a Lawyer About Your Own Case?
If your situation has other important details—for example, you think you were fired because of discrimination, retaliation, whistleblower activity, or your agency wrongly labeled you probationary—a class action might not be enough. Class actions don’t include these extra issues.
In those situations, it’s extremely important to speak to an experienced federal employment attorney directly. Our law firm specializes in helping federal workers just like you. We’ll clearly explain your rights, help you understand your specific situation, and guide you through the best way to challenge your termination.
You only have 30 days to file an individual appeal with MSPB, so don't wait if you think you have unique issues beyond a hidden RIF.
To get personalized advice and protect your federal career, click here to schedule your consultation.
Already Filed an MSPB Appeal Yourself (or Planning To)?
If you've already filed your own MSPB appeal—or you're about to—you’re doing something brave. It takes courage to stand up for yourself and fight for your job.
But to truly succeed, you might benefit from clear guidance from someone who knows exactly what to do. I've represented federal employees in every MSPB regional office in the country. After years of experience, I've created a clear, easy-to-follow video series that explains exactly how to win your MSPB appeal.
In these videos, you'll learn:
- How to clearly explain why your firing was unlawful.
- Exactly what documents and evidence MSPB judges want to see.
- Common mistakes people make (and how to avoid them).
- Mindfulness tips to help you stay calm and focused throughout your appeal.
This video series gives you my very best advice—the same advice I give my own clients.
Don't risk your federal career by guessing your way through the process. Feel confident and grateful for clear, professional support every step of the way.
π Click here to get the MSPB Appeal Training Series now.
We’re here to make sure you’re informed, empowered, and supported, no matter which path you choose.