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OSC Investigates Unlawful Firings of Probationary Federal Employees

federal employment mspb rights osc investigation probationary employees workplace protections Feb 24, 2025
 

If you’re a federal employee in your probationary period, you may have felt the looming uncertainty that comes with it. Recent developments show that concern may be justified—but also that you may have more protections than you think.

The Office of Special Counsel (OSC) has just taken a significant step, intervening in the cases of six probationary employees who were fired under questionable circumstances. OSC argues that these terminations were not based on individual performance or conduct but instead seemed to be part of a broader workforce reduction that bypassed federal Reduction in Force (RIF) procedures.

 

What Does This Mean for Federal Employees?

Although probationary employees do not have the same full protections as career-status employees, federal law still requires terminations to be based on performance or conduct. Agencies cannot use the probationary period as a loophole for mass firings without justification. If they do, these firings may be legally challengeable.

The Merit Systems Protection Board (MSPB) has been asked to pause some of these firings for 45 days while an investigation takes place. If MSPB finds that these terminations were improper, affected employees may be entitled to reinstatement, back pay, or further case reviews. More broadly, this could force agencies to rethink how they handle probationary terminations in the future.

 

What Can You Do If You Were Recently Fired?

If you or someone you know was recently fired during their probationary period, pay close attention to this case. There may be options to challenge your termination, but each case is unique and depends on specific facts.

This is why understanding your rights as a federal employee is critical. The Mindful Federal Employee Power Hub Membership provides resources, guidance, and support to help you navigate federal workplace challenges. Whether you’re facing disciplinary action, job instability, or simply want to be proactive about your rights, our community is here to help.

 

Stay Informed and Protect Your Career

This situation is still unfolding, but it signals an important shift in how probationary terminations may be handled moving forward. If you have concerns about your federal employment status, now is the time to stay informed and explore your options.

📌 Want to protect your career and reduce stress in your federal job? Learn more about The Mindful Federal Employee Power Hub Membership and get the support you need.

Stay mindful, stay informed, and take control of your federal career.

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