Protections Available to Probationary Federal Workers Recently Terminated Under the Trump Administration

Understanding Your Rights and Steps to Take

February 17, 2025

Introduction

In the wake of the Trump administration's tenure, many probationary federal workers found themselves unexpectedly terminated within the last week at agencies such as Department of Veterans Affairs, National Institutes of Health, and the Veteran’s Administration. While this period of transition has been challenging, it is crucial for those affected to understand that they do have specific rights and protections under the Code of Federal Regulations (CFR). Unfortunately, these protections have not been widely discussed in the media, leaving many workers unaware of their entitlements and the necessary steps to take to safeguard their interests.

Understanding Probationary Status

Probationary federal employees are typically those who have recently been hired and are still within their initial trial period, which usually lasts one to two years. During this period, employees are evaluated to determine their suitability for continued employment in the federal workforce. While probationary employees do have fewer protections compared to their tenured counterparts, they are not entirely without recourse if they face termination.

Legal Protections Under the Code of Federal Regulations

The Code of Federal Regulations provides several protections for probationary federal employees. Specifically, probationary employees terminated for reasons related to misconduct or performance are entitled to:

·       A Written Notice of Termination: Probationary employees must receive a written notice outlining the reasons for their termination. This notice should provide sufficient detail to allow the employee to understand the basis for the decision.

·       The Right to Respond: Employees have the right to respond to the termination notice, either in writing or orally, to present their side of the story and any mitigating circumstances.

·       Appeal Rights: In certain cases, probationary employees may have the right to appeal their termination to the Merit Systems Protection Board (MSPB). This is particularly relevant if the employee believes the termination was based on partisan political reasons, marital status, or was not in accordance with required procedures.

The Role of the Merit Systems Protection Board (MSPB)

The MSPB is an independent quasi-judicial agency within the federal government that protects the rights of federal employees. It is the body responsible for hearing appeals from federal employees who believe they have been unfairly terminated or subjected to other adverse actions. For probationary employees, the MSPB can review cases where there is an allegation of termination due to partisan political reasons or marital status discrimination.

How We Can Help

Our office believes that many (and perhaps most) of these recent terminations are illegal under the CFR. We want to review your case and help you respond to the notice, and/or get your appeal petition filed before the deadline. If money is tight, we are requesting a modest, flat fee for filing the petition before the MSPB on your behalf, where we will NOT be listed as your counsel, but only as a legal representative who has helped you draft the document. We will not represent you under this arrangement, but you’ll preserve your appeal deadline while you decide whether you have the funds for us to represent you later. If you are able to post a retainer for the entire representation, you have the option of retaining us immediately.

Filing an Appeal with the MSPB

If you are a probationary federal employee who has been terminated and believe you have grounds for an appeal, it is crucial to act swiftly. Under the MSPB's regulations, you must file your appeal within 30 days of receiving your termination notice. Failure to do so may result in the loss of your right to challenge the termination.

Steps to Get Help in Filing an Appeal:

1.       Review the Termination Notice: Carefully read the termination notice to understand the reasons cited for your dismissal.

2.       Gather Documentation: Collect any relevant documents, such as performance reviews, emails, or other communications that support the point that your termination was not due to performance or fitness.

3.       Seek Legal Assistance: Complete this intake form and schedule a strategic consultation with us. You can attach the documents to the intake form or send them directly to [email protected].

Common Misconceptions and Media Coverage

One of the significant challenges probationary federal workers face is the lack of adequate information and coverage in the press regarding their rights. Many employees mistakenly believe that their probationary status leaves them with no recourse against termination. However, as outlined above, there are specific protections in place, and understanding these rights is the first step toward seeking justice.

Conclusion

If you are a probationary federal worker recently terminated under the Trump administration, it is essential to protectyour rights under the Code of Federal Regulations. You have the right to receive a written notice of termination, respond to the notice, and in certain cases, appeal the decision to the Merit Systems Protection Board. Remember, the window to file an appeal is limited to 30 days from the date of your termination notice, so prompt action is crucial. By understanding and exercising your rights, you can take the necessary steps to protect your career and seek redress for any unjust treatment.