Federal Court Ruling Halts Mass Terminations of Probationary Employees

WASHINGTON — The Trump administration’s Office of Personnel Management (OPM) issued a revised memo on probationary employees following a federal judge’s ruling that its earlier guidance on terminations was illegal. The decision, made by Senior District Judge William Alsup, impacts several agencies including the National Park Service and the Department of Veterans Affairs.

The updated guidance clarifies that OPM is not directing agencies to fire federal workers. In a memorandum released on Tuesday, OPM stated, “Agencies have ultimate decision-making authority over, and responsibility for, such personnel actions.” This clarification comes amid growing concerns over what OPM categorized as public misinformation regarding its previous directives.

“By this memorandum, OPM is not directing agencies to take any specific performance-based actions regarding probationary employees,” the revision read. The changes follow a previous memo from January that instructed agencies to submit lists of employees currently on probation and reminded them of the potential for performance-based terminations.

“It has always been up to agencies whether to take performance-based actions against probationary employees,” an OPM spokesperson told Federal News Network. However, many agencies construed those communications as directives, contributing to the recent termination of thousands of probationary employees.

The judge’s ruling stated that OPM’s communications amounted to “illegal directives” and the terminations represented an ultra vires action—meaning outside of OPM’s legal authority. The Merit Systems Protection Board (MSPB) also found merit in claims from six terminated workers whose cases appeared to highlight that agencies may have used firings as a backdoor method for implementing a reduction in force (RIF).

Kevin Owen, a partner at Gilbert Employment Law, remarked on the implications of OPM’s updated guidance, suggesting it was an attempt to mitigate potential legal ramifications stemming from the recent wave of terminations. “I think they realize that this is going to be a significant problem for them in litigation going forward,” Owen stated.

The American Federation of Government Employees (AFGE), a plaintiff in the lawsuit challenging the firings, called the memo’s revisions a clear admission that OPM had directed federal agencies to proceed with wide-ranging terminations.

“Every agency should immediately rescind these unlawful terminations and reinstate everyone who was illegally fired,” AFGE National President Everett Kelley demanded in a statement. In response to the federal court’s ruling, the National Science Foundation announced it would rehire 84 employees affected by the wrongful terminations.

“NSF welcomes the return of our probationary employees who will help ensure the United States remains the global leader in scientific discovery and innovation,” an agency spokesperson said. However, many others still remain without their positions, as the ruling’s applicability is limited by jurisdictional concerns pertaining only to several identified federal agencies.

Owen expressed concerns about the continuity of terminations under the current administration, emphasizing that many federal employees may continue to face job insecurity during this tumultuous period. He noted, “As this progresses, they’re hoping that employees will just voluntarily quit, which is having a major impact on morale within federal agencies.”