Thousands of employees still in their probationary period have already been dismissed as part of efforts by the so-called Department of Government Efficiency, led by billionaire Elon Musk, to shrink the federal workforce [Getty]
President Donald Trump‘s administration appeared to walk back an order on Tuesday that called for the mass firing of federal workers still serving their probationary periods.
The updated guidance comes days after a federal judge in California ruled that the 20 January directive from the Office of Personnel Management (OPM) was “unlawful” and ordered it to be temporarily rescinded.
“Please note that, by this memorandum, OPM is not directing agencies to take any specific performance-based actions regarding probationary employees. Agencies have ultimate decision-making authority over, and responsibility for, such personnel actions,” the OPM’s updated guidance said on Tuesday.
The memo adds that agencies now have until 13 September to devise their own proposals for implementing workforce reductions.
Responding to a case brought by employees at six government agencies, Judge Willi Judge William Alsup ruled Thursday that the directive was “unlawful, invalid, and must be stopped and rescinded”. The next hearing in the case is scheduled for 13 March.
“OPM’s revision of its Jan. 20 memo is a clear admission that it unlawfully directed federal agencies to carry out mass terminations of probationary employees,” American Federation of Government Employees National President Everett Kelley said in a statement to AFP.
“Every agency should immediately rescind these unlawful terminations and reinstate everyone who was illegally fired,” he added.
Thousands of employees still in their probationary period – meaning they were hired or promoted within the past one to two years, depending on the agency – have already been dismissed as part of efforts by the so-called Department of Government Efficiency, led by billionaire Elon Musk, to shrink the federal workforce.
It remains unclear what will happen next.
“Cannot wait to see if that means we can go back to work!” a scientist at the National Oceanic and Atmospheric Administration told AFP. The scientist was among approximately 700 people laid off from the globally renowned agency last week.
Many of those dismissed were told they were being let go due to an alleged inability to fulfill their duties, despite having received exemplary performance reviews.
The scientist, who requested anonymity, added that even if employees were only temporarily rehired only to later face termination through a traditional “reduction in force” procedure — they would at least receive greater protections, including advanced notice and severance pay.
