Probationary and Trial Period Mass Terminations

Many agencies across the federal government have terminated mass numbers of probationary and trial period employees. On February 14, 2025, Democracy Forward, in partnership with the Alden Law Group, filed a complaint with the U.S. Office of Special Counsel (OSC) alleging that the mass terminations constitute multiple prohibited personnel practices and are therefore invalid under the law. OSC is currently evaluating the complaint.

What do I need to do to be covered by the OSC complaint?
At this time, the complaint is still developing, and we are not adding additional class members. If you would like to assist in the OSC complaint,click here to provide additional information. 

What is a probationary employee?
A probationary employee is an employee in the competitive service who is in their first year of employment.

What is a trial period employee?
A trial period employee is an employee in the excepted service who is in the first one or two years of their employment, depending on the authority under which they were appointed.

Are there probationary supervisors?
Yes. Employees who have been promoted to a supervisory position also may be serving a probationary period. Supervisors who fail to make it successfully through their probationary period are typically returned to their previous non-supervisory role, rather than terminated from employment entirely.

Do probationary employees have adverse action rights?
Adverse action rights allow federal workers to appeal their removal to the Merit Systems Protection Board. Generally speaking, probationary employees do not have adverse action rights and, therefore, have only limited appeal rights to MSPB.Preference eligible employees (i.e., certain veterans) may have greater adverse action protections than non-preference eligibles. 

Do probationary/trial period employees have other rights?
Yes. Though probationary and trial period employees are often thought of as not having many rights, they do have a range of protections from discriminatory and other mistreatment. So if you are a probationary or trial period employee who has been subject to the mass terminations occurring across government, consult with your union representative or legal counsel about possible courses of action.  

How does current continuous service affect my status as a probationary or trial period employee?
According to the MSPB, if an individual in the competitive service “has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less[,]” then the person may have full procedural and appeal rights even when in a probationary period. Similarly, if an individual in the excepted service “has completed 2 years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to 2 years or less[,]” then the person may have full procedural and appeal rights while in a trial period. If you think you been included in the mass termination of probationary and trial period employees, and you meet these current continuous service standards, then you may be able to file an appeal of your removal with the MSPB.You should consult with your union representative or legal counsel immediately, because the deadline for filing an appeal with the MSPB is typically 30 days from the date of the adverse action.

How do I file an appeal with the MSPB?
You can file an appeal through the MSPB’s e-appeal portal. A tutorial on how to file an MSPB appeal is now available on our resources page on www.civilservicestrong.org. Employees affected by adverse actions may have a choice of remedies, and selecting a particular remedy typically forecloses other remedy options. so you may want to review your records and consult with your union representative or other legal advisor before filing an MSPB appeal. 

Could my agency have been mistaken in treating me as a probationary or trial period employee?
Yes. Agencies are moving fast under pressure from the Trump Administration and OPM. As a result, it is highly likely that some employees who have been included in these mass terminations are not on their probationary or trial periods. If you think your agency made a mistake in treating you as a probationary or trial period employee, you should consult with your union representative or legal counsel as soon as possible. You may have appeal rights that need to be exercised within 30 days.

Where can I get more information about the rights of probationary and trial period employees?
The Merit Systems Protection Board has important information about employees on probationary and trial periods. Our partners at Protect Democracy have issued a primer containing helpful information about the rights of probationary and trial period employees. And check www.civilservicestrong.org on a regular basis, as we are frequently updating resources for federal workers.