OPM Denies 'Firing Spree' of Probationary Federal Employees, Says Only 'Low Performers' Affected

The Office of Personnel Management (OPM) has advised agencies against automatically dismissing all probationary federal employees but has encouraged the removal of those with unsatisfactory performance.

A source familiar with the matter confirmed the directive, which was issued after the OPM requested agencies to compile lists of employees hired within the past one to two years. Approximately 200,000 federal employees are currently serving a probationary period of either one or two years, depending on the agency, making them more susceptible to dismissal.

OPM's Directive To Federal Agencies

'The Trump Administration is encouraging agencies to use the probationary period as it was intended: as a continuation of the job application process, not an entitlement for permanent employment in the D.C. swamp,' an OPM spokesperson said in a statement.

It's not clear which probationary employees these instructions target. The criteria shared with agencies, especially considering their varied performance scales, are unknown. On Friday, the American Civil Liberties Union (ACLU) sent a letter to House and Senate leaders requesting an investigation into potential plans for mass terminating probationary employees.

'We respectfully urge that you investigate the Administration's rationale and legal basis for these planned layoffs. ... Mass layoffs of federal employees of the sort that have been reported to be under consideration are presumptively and inherently illegal,' the ACLU wrote to the Senate Homeland Security and Governmental Affairs Committee and House Oversight and Government Reform Committee.

ACLU Raises Legal Concerns Over Mass Firings

The ACLU maintained that the law demands individual performance assessments for each employee and that any large-scale firings must comply with legal guidelines for workforce reductions.

Despite their probationary status, these employees share many of the same protections as the wider federal workforce; they must be told of any performance 'inadequacies' before being terminated.

'While the law allows for the termination of probationary employees for performance or conduct reasons, a mass firing on this scale without any sort of individualised assessment or following of Reduction in Force (RIF) procedures raises serious legal concerns,' the ACLU wrote.

Firings Begin At Federal Agencies

Amidst the ACLU's warnings about legal challenges, evidence suggests that agencies have already begun dismissing probationary employees.

On 12th February, Federal employees and union sources told CNN that numerous probationary employees had been terminated at agencies, including the Department of Education and the Small Business Administration.

These firings of probationary employees represent a shift for the Administration's Department of Government Efficiency, which seeks to downsize the federal workforce dramatically. Until now, federal employees, government-wide, have primarily been placed on paid administrative leave.

This action coincided with a federal judge's approval of the Administration's deferred resignation program, which about 77,000 employees have accepted. The program allows them to leave their positions but continue receiving pay until the end of September.

CNN obtained a copy of the termination letter sent to Department of Education employees, which read: 'The Agency finds, based on your performance, that you have not demonstrated that your further employment at the Agency would be in the public interest.'

Performance Cited As Reason For Terminations

A union source told CNN that the Department of Education firings have affected employees across the agency, from the general counsel's office to the Office of Special Education and Rehabilitation Services and the Federal Student Aid office.

Similar termination letters were sent to Small Business Administration employees on Tuesday. As of Wednesday evening, information regarding the total number of SBA firings was still limited.

Six sources familiar with the situation told CNN that probationary employee firings were expected at the US Energy Department on Thursday evening. They described the situation as fluid and the number of potential terminations unclear.

A recent Office of Personnel Management memo broadened the definition of probationary employees, stating that those with less than two years of service could be included in addition to the traditional definition of less than one year.

The groundwork for dismissing probationary employees was laid on Inauguration Day when the acting OPM head ordered agencies to compile lists of these workers. The accompanying 20th January memo pointed out how much simpler it is to terminate their employment.

While the OPM has advised agencies against a wholesale dismissal of probationary employees, it has recommended focusing on those with unsatisfactory performance.