President Trump is targeting new hires in a broader effort to purge government employees, cut off services to the American people to make way for tax cuts for the wealthy, including Elon Musk, whose companies are benefiting from the collapse of agencies that are investigating complaints against him and his businesses.
With the rapid firings that have already taken place at many agencies, new employees who are still serving a probationary period may wonder if they have any rights to appeal their removals.
The short answer is: Probationary employees have limited rights. But AFGE is fighting hard to hold the administration accountable and to ensure that probationary employees are not left out in the cold and that the employment rights of probationary employees are fully respected.
This is why AFGE is developing detailed FAQs and guidance to help our members navigate these difficult waters.
Among the options that may be available to competitive service probationary employees are:
- Probationary employees may appeal to the Merit Systems Protection Board (MSPB) if their termination was not required by statute and:
- They allege that their termination was based on partisan political reasons; or
- They allege that their termination was based on marital status.
- Probationary employees may file a complaint with the Office of Special Counsel (OSC) if they believe their termination was a prohibited personnel practice under 5 U.S.C. § 2302(b), such as reprisal for protected whistleblowing.
- Probationary employees may also file a complaint with the Equal Employment Opportunity Commission (EEOC) if they believe they were removed because of retaliation based on protected EEO activity or discrimination based on race, color, religion, sex, national origin, age, or disability.
Additional important information may be available here: https://www.mspb.gov/appeals/infosheets/Probationary_Employees.pdf.
Click here to view AFGE's frequently asked questions on the rights of probationary employees.
Please note that the above information is general in nature and is intended for AFGE use only. It is not a substitute for individualized legal advice, nor does it create an attorney-client relationship with respect to any specific case.