Federal Judge Blocks OPM’s Directive on Probationary Employee Terminations

WASHINGTON — The Trump administration’s Office of Personnel Management (OPM) has revised its guidance on the termination of probationary employees following a federal judge’s ruling that deemed previous communications illegal. The clarification comes as agencies nationwide grapple with the implications of mass employee firings.

Last week, Senior District Judge William Alsup ruled that OPM’s directives instructing agencies to terminate probationary workers were unlawful, stating that OPM lacks the authority to issue such orders. The judge’s decision was a significant blow to the administration’s efforts to streamline the federal workforce, which has seen tens of thousands of probationary employees terminated in recent weeks.

“Considering the evidence and internal communications from multiple agencies, it is clear that OPM directly influenced these mass terminations,” Alsup said in his ruling.

Following the ruling, OPM updated its guidance to make it explicit that it is not directing agencies to fire probationary employees but rather leaving termination decisions to individual agencies. “Agencies have ultimate decision-making authority over, and responsibility for, personnel actions,” the updated memo states.

A spokesperson for OPM expressed that the revisions were intended to clarify earlier communications and address “public misinformation.” The spokesperson emphasized that the decision to take performance-based actions against probationary employees rests solely with the agencies.

However, the revised guidance contradicts earlier reports where OPM seemed to encourage agencies to terminate probationary workers. OPM earlier requested lists of all employees within probationary periods, which resulted in widespread terminations across numerous federal agencies, affecting many employees who had recently transitioned into probationary roles.

In February, OPM had sent memos urging agencies to identify their probationary staff and provided guidance on how to proceed with potential terminations. This prior communication led to the dismissal of approximately 200 employees at some agencies, raising concerns among legal experts.

Kevin Owen, a partner at Gilbert Employment Law, interpreted the new guidance as an attempt by OPM to retreat from its previous directives. “They realize they have a significant legal issue on their hands,” Owen stated in an interview.

The American Federation of Government Employees (AFGE), one of the plaintiffs in the lawsuit challenging the firings, called the memo a “clear admission” that OPM had overstepped its authority. “Every agency should immediately reinstate workers who were unlawfully fired,” AFGE National President Everett Kelley said.

Due to jurisdictional issues, the judge’s order currently applies only to affected employees within specific agencies, including the National Park Service and the Department of Veterans Affairs. In response to the ruling, the National Science Foundation announced it had rehired 84 employees impacted by previous terminations.

Jesús Soriano, president of AFGE Local 3403, expressed optimism about the reinstatement: “We look forward to bringing back hardworking individuals who contribute significantly to our community and national interests.”

Despite the recent judicial setback, Owen cautioned that mass terminations could persist, as the Trump administration is still pursuing broader workforce reductions. “Agencies are poised to continue making cuts unless pressured to cease these actions,” Owen added.

Federal labor relations experts maintain that the recent developments highlight issues within federal employment laws and the need for greater clarity regarding the treatment and rights of probationary workers.