The war on Federal workers continues. After the “Fork in the Road” email, the Musk/Trump next step has been to fire probationary employees. One estimate holds that there are 200,000 workers in their first year of Federal employment, making them probation employees. Many termination emails have been issued. A regular Federal employee can appeal any termination to the Merit Systems Protection Board. The MSPB will hear appeals for terminations that are not based on good reasons.

“Partisan Political Reasons”

But, what about probationary employees? They have some protections as well. The non-profit known as Protecting Democracy has put together a paper explaining the rights available to probationary Federal workers. Federal workers on probationary status may not be fired due to “partisan political reasons” or marital status. Such an appeal must be filed within 30 days of the firing. Many of the terminations so far are based on alleged poor performance. If that allegation can be rebutted and if the probationary employee can show partisan political reasons for the firing, they may have some success. Given the overtly political nature of all these terminations, there may be good basis for an appeal.

The challenge for the employer will be to show these terminations were due to some financial need. At least so far, no such financial or budgetary motivation has been articulated. And, many of the termination emails actually allege poor job performance, not budgetary needs.

A probationary employee can also pursue the normal complaint process with the Office of Special Counsel available to all Federal employees. S/he can also seek remedies through any collective bargaining agreement. First Amendment protections might be available if a worker was fired for perceived political expression. See the Protect Democracy website here for more information.

No lawsuit or appeal will pay the bills. But, it is important that federal workers understand their legal position.