The Trump administration has recently updated its guidance on the termination of probationary federal employees, placing greater control in the hands of individual agencies. This change comes after a critical court decision, which found that the previous directive might not have been legally sound. The revised policy emphasizes the autonomy of federal agencies in making personnel decisions, particularly regarding employees in their probationary period.
The initial guidance issued on January 20 had instructed federal agencies to identify and consider dismissing employees during their probationary period. However, following a legal challenge and a ruling by U.S. District Judge William Alsup, the administration has walked back its earlier stance. Judge Alsup’s decision pointed out that the Office of Personnel Management (OPM) lacked the constitutional authority to impose blanket firing mandates, a power which rightfully lies with the agencies themselves.
The updated memo from OPM, now released on March 4, states that agencies are not required to take specific actions against probationary employees. Acting OPM Director Charles Ezell emphasized in court documents that the decision is now left to the discretion of the agencies. The memo clarifies, “Agencies have ultimate decision-making authority over, and responsibility for, such personnel actions.” This shift aligns with the legal principle that agencies must retain control over their staffing decisions, particularly when it involves employees who are still under probation.
The revision has already sparked reactions. Everett Kelley, president of the American Federation of Government Employees (AFGE), labeled the original directive as unlawful and urged agencies to reverse any wrongful terminations made under the previous guidance. On the other hand, critics such as Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, pointed to the court ruling as a key factor in the revision of OPM’s stance.
While the immediate legal implications of this revision are clear, its long-term effects remain to be seen. Agencies will now have the freedom to assess probationary employees based on their own standards, rather than adhering to a blanket directive. For conservatives, this marks a win for agency autonomy and a step toward ensuring federal employees are held accountable without unnecessary federal overreach.