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On Thursday, President Donald Trump signed an executive order that broadens the circumstances under which federal agencies can dismiss probationary employees. This demographic has been a focal point for the administration’s efforts to reduce the federal workforce through extensive layoffs.
Probationary employees typically include individuals who have joined or been promoted within the federal sector in the last one to two years. While they enjoy fewer protections under civil service regulations, their terminations must usually be linked to performance or misconduct.
In recent times, a number of judges have intervened, ordering the reinstatement of several dismissed probationary staff, with one judge characterizing the administration’s rationale for mass layoffs as “a total sham.” These judicial orders, however, are currently on hold.
The newly issued executive order empowers agencies to terminate probationary workers based on the specific needs and strategic interests of the agency, as well as the extent to which retaining an employee would support the agency’s operational objectives and efficiency.
Additionally, the directive mandates that federal agencies must actively deliberate on whether to retain a probationary employee as their probation period concludes.
As outlined in the order, “for instance, if the last working day falls on a Friday, with the anniversary date being the following Monday, a probationer may be dismissed before the end of the workday on Friday if the agency fails to confirm in writing that their continued appointment serves the public interest.”
Prior to Trump’s second term, the Office of Personnel Management had already recommended that supervisors take proactive steps in assessing the status of probationary employees and deciding whether to retain them or initiate firings.
The order further instructs agencies to compile a list of all probationary employees whose terms are set to expire within the next 90 days following the order’s enactment. It also compels agency heads to affirm in writing that keeping these employees aligns with advancing the public interest.
Earlier this week, a federal judge ordered that agencies must clarify to those probationary employees who were terminated that their dismissal was not a reflection of their performance. Additionally, the Office of Special Counsel, led by an individual recently removed by Trump, has opted to cease pursuing cases involving these dismissed employees who sought to challenge their terminations.
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