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The Trump administration has made revisions to its guidance concerning the collection of lists of newly hired employees from federal agencies, clarifying that it is not enforcing any mandate for employee firings.
This change comes in the wake of a court ruling that deemed the Office of Personnel Management (OPM) had unlawfully directed agencies to eliminate a significant number of probationary employees, particularly those hired within the past one to two years. Over 25,000 federal employees have been terminated as a result, and the updated memorandum does not instruct agencies to reinstate them.
Moreover, it does not recommend that agencies halt the dismissal of these employees. Recent actions from the Departments of Commerce and Homeland Security confirm that they continue to terminate probationary staff members as recently as this past weekend and Monday.
OPM modified its memo originally issued shortly after Trump’s inauguration, marking it as “Revised: March 4, 2025.”
In the updated document, OPM stated, “Please note that, by this memorandum, OPM is not directing agencies to take any specific performance-based actions regarding probationary employees.” The agency emphasized that individual agencies retain ultimate authority and responsibility for personnel decisions.
Last week, the Trump administration argued in court that it had not instructed agencies to dismiss probationary employees based on performance or misconduct, a position that conflicted with substantial evidence presented in the case.
After President Trump took office, Charles Ezell, the acting director of OPM, set forth guidance mandating that all agencies compile lists of their probationary employees and submit them to OPM. This directive also required agencies to justify the roles of these employees, often within a restrictive word count of 200 characters.
On February 13, a source informed Government Executive that OPM had instructed agency human resources leaders to commence termination of probationary employees. This call was widely publicized, leading to further instructions via a memorandum to the Chief Human Capital Officers Council on February 14. The memo requested the termination of employees deemed non-essential by the close of business on February 17 and included a template for separation letters.
Judge William Alsup, who oversaw the case, criticized the administration’s claims, stating they lacked credibility, and ruled that both the initial Jan. 20 memo and the directive from Feb. 13 must be rescinded. OPM chose to amend the Jan. 20 memo instead.
Alsup remarked, “The Office of Personnel Management does not have any authority whatsoever under any statute in the history of the universe to hire and fire employees at another agency.”
The ruling specifically pertained to the Departments of Defense and Veterans Affairs, along with the National Park Service, Bureau of Land Management, Small Business Administration, and Fish and Wildlife Service.
While some federal agencies have pressed on with terminating probationary employees, others, like the National Science Foundation, have chosen to rehire approximately half of those who were let go, citing the court’s decision as a catalyst for this action.
This judicial ruling represents a significant setback for the Trump administration regarding its handling of probationary employee firings. Moreover, following a request from the Office of Special Counsel, the Merit Systems Protection Board ordered the temporary reinstatement of six fired probationary employees, siding with findings that the dismissals were probably unlawful. The Office of Special Counsel is currently exploring how to broaden its recommendations to encompass a wider audience.
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