The Theodore Roosevelt Building, home of the U.S. Office of Personnel Management, captured on February 13, 2024, in Washington, D.C.
Mark Schiefelbein/AP
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Mark Schiefelbein/AP
The Trump administration is implementing extensive cuts to the federal workforce. Recently hired federal employees still in their probationary period are among the first to face termination.
This wave of probationary dismissals has impacted several agencies, including Veterans Affairs, the Department of Energy, the Small Business Administration, and the Office of Personnel Management (OPM). These cuts are part of a broader Trump administration initiative to reduce government spending, managed by DOGE, the governmental efficiency unit led by Elon Musk. Compensation for federal employees accounted for approximately 3% of the 2024 fiscal year federal budget, according to government data.
The full extent of the terminations remains uncertain. However, it is estimated that hundreds of thousands of probationary employees could be impacted.
What is a probationary employee?
A probationary employee is a newly appointed worker undergoing a “probationary” period — typically lasting one or two years, although it may vary in duration at different agencies — before being considered for full-time employment. Think of it as a trial phase during which the employee’s performance is closely evaluated before they are confirmed as a permanent staff member.
“The probationary period is regarded as part of the job application process, rather than a guarantee for permanent employment,” remarked OPM spokesperson McLaurine Pinover.
Currently, hundreds of thousands of employees hold this status within federal agencies. As of March 2024, government data indicated that approximately 220,000 federal employees had served less than one year, while an additional 288,000 employees had been in service for one to two years.
Are all federal employees probationary at the start?
Generally, yes.
According to attorney Josh Jewett, who specializes in employment and labor issues for federal employees, he hasn’t encountered anything like this before.
What rights do probationary employees have?
Unlike their non-probationary counterparts, they enjoy limited rights. They can be terminated without prior notification or severance. Typically, they do not have the right to contest their termination.
Probationary employees must receive a written termination notice that outlines the reasons for their dismissal, as noted by labor attorney Suzanne Summerlin from Washington, D.C.
Nevertheless, if a probationary employee is dismissed for a protected characteristic or action, they may have legal grounds to contest their termination as unlawful, according to Jewett. For instance, firing based on discrimination regarding race, gender, or disability is prohibited. Whistleblowers who expose fraud, abuse, or other misconduct are protected from retaliatory actions.
Should a probationary employee be reinstated following a successful legal challenge, they would be entitled to back pay, as mentioned by Jewett.
What happens next?
The American Federation of Government Employees, representing over 800,000 civil servants, including federal employees affected by these cuts, has announced plans to contest the layoffs of probationary workers.
“AFGE is committed to opposing these dismissals at every level,” stated AFGE National President Everett Kelley. “We will support every affected employee, pursue all available legal actions, and hold this administration accountable for its reckless decisions.”
