The Office of Personnel Management (OPM) has found itself in hot water after a federal judge ruled that its recent communications on probationary employees were illegal.
The issue? Thousands of federal probationary employees were fired following OPM’s earlier guidance, which agencies interpreted as a directive to terminate workers who were still within their probationary periods. Now, OPM is backtracking, saying it never ordered agencies to fire anyone. But is this too little, too late?
What OPM Just Said (and Why It’s a Big Deal)
On January 20, 2025, OPM sent agencies a memo asking them to submit lists of probationary employees, a move that raised red flags. Then, in February, agencies were required to specify whether they wanted to keep these employees and justify why in 200 characters or less. That’s barely a sentence to explain someone’s entire career.
Not surprisingly, many agencies interpreted this as a not-so-subtle push to start firing people. And they did, tens of thousands of probationary employees lost their jobs in the following weeks.
But now, after a federal judge ruled that OPM overstepped its legal authority, the agency is scrambling to fix things. Its new March 4 update states:
“OPM is not directing agencies to take any specific performance-based actions regarding probationary employees.”
Basically, they’re saying, “We didn’t tell you to fire anyone. That was your decision.”
The Fallout: Fired Employees, Legal Battles & Agency Reactions
Despite OPM’s new stance, the damage has already been done. Many of the terminated employees had:
- Just started their federal careers within the last one to two years
- Spent decades in government, but switched roles and re-entered probation
- Lost their jobs without full due process protections, since probationary employees have fewer rights than full federal workers
Some agencies are already reversing course. The National Science Foundation (NSF) reinstated 84 employees and gave them back pay after the court’s decision. But that’s just a fraction of the total fired workforce.
Meanwhile, the Merit Systems Protection Board (MSPB) has stepped in, blocking several terminations and arguing that agencies were using these firings as a backdoor method to reduce their workforce (aka a “Reduction in Force” without calling it that).
Federal employee unions, like the American Federation of Government Employees (AFGE), are calling for all fired probationary employees to be reinstated immediately.
“Every agency should immediately rescind these unlawful terminations and reinstate everyone who was illegally fired,” said AFGE President Everett Kelley.
What This Means for Federal Workers
If you’re a federal probationary employee, here’s what you need to know:
- You’re Still at Risk – Even with the memo update, agencies can still fire probationary employees with very little reason and almost no appeal options.
- Lawsuits Are Piling Up – The court battle isn’t over. Agencies might be forced to rehire more workers depending on future legal rulings.
- Expect More Cuts – Some legal experts warn that the government is quietly planning large-scale workforce reductions. This could mean more firings in the coming months.
Federal employment attorney Kevin Owen believes the government is trying to make federal jobs less attractive so that workers quit voluntarily, rather than needing to be fired.
“They’re hoping people will just leave on their own,” Owen said.
What’s Next?
With court cases ongoing and agencies divided on what to do next, this story isn’t over. If you were fired, you may have legal options, especially as more agencies rethink their decisions.
For now, keep an eye on:
- More court rulings – If additional cases go against OPM, agencies may be forced to rehire even more employees.
- Agency actions – Some departments could double down on terminations, while others, like NSF, might continue reinstating workers.
- New OPM guidance – Given the backlash, OPM might be forced to clarify its stance again in the coming weeks.
One thing is clear: federal probationary employees just got a harsh reminder that job security is never guaranteed, even in government.
