Trump Administration Revises Federal Employee Firing Guidelines Following Court Ruling
After a judge ruled the OPM lacked authority to mandate firings, the Trump administration clarified agency autonomy over probationary employee terminations.
Overview
The Trump administration updated its guidance on the firing of probationary federal employees, specifying that agencies have ultimate decision-making authority. This follows a court ruling that found the Office of Personnel Management lacked the authority to direct mass firings, leading to calls for the reinstatement of those terminated. The American Federation of Government Employees emphasized this change as an admission of earlier unlawful directives, urging agencies to rescind terminations.
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Analysis
- The Office of Personnel Management (OPM) revised its guidance to federal agencies regarding the dismissal of probationary employees, emphasizing that decision-making authority lies with individual agencies rather than OPM.
- This change follows a ruling by a federal judge stating that OPM lacked the legal authority to mandate employee terminations across agencies, which has significant implications for the management of federal personnel.
- Labor unions have called for the reinstatement of recently terminated probationary employees, arguing that the original guidance from OPM was unlawful and that agencies should rescind those terminations.
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The court ruled that the Office of Personnel Management did not have the authority to order the firings, as it was unreasonable to suggest that agencies across the government simultaneously decided to fire probationary employees on their own volition.
The firings were expected to eclipse at least 25,000 employees, primarily those hired within the past one to two years.
The Office of Special Counsel has deemed some firings unlawful and is seeking reinstatement with back pay for affected employees. The Merit Systems Protection Board is involved in enforcing these findings.
The Trump administration has clarified that agencies have autonomy over probationary employee terminations, following the court ruling. However, there is no clear indication of widespread reinstatements.
History
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