Federal Judge Blocks Probationary Employee Firings Amid OPM Guidance Controversy

WASHINGTON, D.C. — The Trump administration’s Office of Personnel Management (OPM) has revised its guidance regarding the termination of probationary employees following a federal judge’s ruling that deemed previous communications illegal. The update clarifies that OPM is not directing federal agencies to dismiss these employees but is allowing agencies to make their own decisions.

The memorandum issued by OPM on March 4 emphasizes that agencies retain ultimate authority over personnel actions involving probationary employees. “Please note that, by this memorandum, OPM is not directing agencies to take any specific performance-based actions regarding probationary employees,” the updated memo states.

This clarification comes after U.S. District Judge William Alsup ruled that OPM’s directives, communicated on January 20 and February 14, were “ultra vires,” meaning beyond OPM’s legal authority. The judge ordered the agency to rescind the earlier memos, which had led to widespread firings across multiple federal agencies.

Previous communications had instructed agencies to provide lists of their probationary employees and even led to tens of thousands of terminations, many of which affected individuals who had recently joined the government.

“It has always been up to agencies whether to take performance-based actions against probationary employees,” an OPM spokesperson told Federal News Network, citing a need to address public misinformation surrounding the issue.

Despite the revision, Kevin Owen, a partner at Gilbert Employment Law, views OPM’s actions as an acknowledgment of potential legal issues arising from its earlier guidance. “I think they realize that it is going to be a significant problem for them in litigation on these issues going forward,” Owen stated.

The American Federation of Government Employees (AFGE), which has challenged the mass firings, described the memo’s revision as a “clear admission” that OPM had directed illegal actions. “Every agency should immediately rescind these unlawful terminations and reinstate everyone who was illegally fired,” AFGE National President Everett Kelley demanded in a statement.

So far, only specific agencies, such as the National Park Service and the Department of Defense, have taken action in response to the ruling. The National Science Foundation has already reinstated 84 federal employees while continuing to assess the legality of other terminations.

Judge Alsup asserts the importance of maintaining continuity in the federal workforce: “These young people — these probationary employees are the lifeblood of these agencies, and it would be a shame for them to be compromised.” The judge clarified that the order applies primarily to the affected employees from select agencies due to jurisdictional limitations.

As the OPM navigates the implications of the ruling, it marks a significant shift in federal employment practices and raises concerns about the future treatment of workers during their probationary periods. Many observers, including employment advocates, worry about ongoing job security within the federal government as mass terminations could continue under different pretexts.

Owen expressed a bleak outlook for probationary employees, stating, “I think a lot of these employees are going to be ping-ponging back and forth between administrative leave and unemployment.” He highlighted the emotional toll on affected employees: “They are equal parts demoralized, scared, and angry.”

As this situation continues to evolve, the ramifications may be felt across the federal landscape as both current and new employees contend with uncertainties about their tenure and job security in government roles.