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MSPB Grants Temporary Reprieve to Fired Probationary Federal Employees

federal employment federal job termination merit systems protection board mspb probationary employee rights Feb 26, 2025
 

If you’re a probationary federal employee who has been fired—or if you’re worried about losing your job—you need to pay attention. The Merit Systems Protection Board (MSPB) just reinstated six recently terminated probationary employees for at least 45 days while their cases are reviewed.

This is big news because probationary employees often feel like they have little to no rights when let go. Many believe probation means "at-will" employment, but that’s not entirely true. Agencies must follow federal rules when terminating employees, even during probation. And now, it appears that some agencies may have violated those rules.

 

What This Means for You

The MSPB’s decision signals two important shifts:

  1. Probationary Employees May Have More Rights Than They Realized
    If an agency fires you in a way that seems suspicious—like using probation as a loophole to downsize without following reduction-in-force rules—you may have recourse. The Office of Special Counsel (OSC) is investigating whether these terminations were unlawful.

  2. More Employees Could Challenge Unfair Firings
    This case could set a precedent, making it easier for other probationary employees to challenge their terminations. If agencies are found to have engaged in prohibited personnel practices, similar cases could emerge.

What Should You Do if You Were Fired During Probation?

If you suspect you were unfairly let go, consider your options:

  • Consult a Federal Employment Attorney – Navigating an MSPB case is complex, and professional guidance can make a huge difference.
  • Learn Your Rights – Even if you can’t afford legal representation, understanding the strategies and legal framework behind these cases can help.
  • Stay Informed – Follow this case closely. The outcome could affect your ability to challenge a termination.

 

Need Help? Introducing Our New Training Course

Because many probationary employees can’t afford full legal representation, we’re considering launching a training course to help you fight back on your own. The course would cover:

âś… Key strategies for navigating an MSPB case
âś… Your rights as a probationary employee
âś… How to build a strong appeal

If this interests you, let us know! If enough people sign up, we’ll start working on it this weekend. Early sign-ups could get 25% off the course fee.

 

The Bottom Line

This MSPB ruling is a huge step forward for probationary employees. While nothing is guaranteed, it shows that you are not powerless. If you’ve been fired unfairly, this may be your opportunity to fight back.

For updates and resources, explore The Mindful Federal Employee Power Hub Membership—your go-to for federal employment support, mindfulness strategies, and legal insights.

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