Thousands of probationary employees at the Department of Veterans Affairs, the Small Business Administration, the Agriculture Department and many other agencies received the bad news that they are being terminated this week.<\/p>\n
One letter to a USDA employee, obtained by Federal News Network, stated, \u201cuntil the probationary period has been completed, a probationer has \u2018the burden to demonstrate why it is in the public interest for the government to finalize an appointment to the civil service for this particular individual.\u201d The agency finds, based on your performance, that you have not demonstrated that your further employment at the agency would be in the public interest. For this reason, the agency informs you that the agency is removing you from your position.\u201d<\/p>\n
The shock and sadness can be heard across platforms like LinkedIN and Reddit where now former federal employees are posting their thoughts and making their availability known.<\/p>\n
\u201cThe sad part is [they\u2019re] not owning it; it\u2019s orange man. I honestly don\u2019t believe any fed agency is aligned with conducting these firing activities. It\u2019s absolutely brutal. We have an all hands today. I\u2019m sure that\u2019s what it\u2019s about. I\u2019m on the chopping block. I\u2019m a probationary employee. 8 years of service gone to\u2026 Truly crushed. Prayers for us all!\u201d wrote one person on Reddit<\/a>.<\/p>\n ]]><\/p>\n On probationary employee who was laid off from the Office of Personnel Management wrote on LinkedIN:<\/p>\n \u201cElon Musk has passed down an OPM order declaring that all probationary Federal employees (those hired within the past year) are to be fired! So if you\u2019ve been eyeing me because of my wonderfully diverse skillset and competency with a range of Federal and Resort Hospitality Information Technology knowledge, send me a message!\u201d<\/p>\n So what can these and thousands of other employees do going forward<\/a>, besides begin their job search?<\/p>\n One labor and employment attorney with more than 20 years of federal experience said there are at least three things these job seekers should keep in mind:<\/p>\n If not removed for misconduct, employees can continue federal health insurance for up to 18 months, but they must pay full premiums (employee and agency share) and there is an administrative fee. They file an SF-2809 which can be found on the OPM website. An option, if married to another federal employee, is to be added to your spouse\u2019s federal health plan, because your loss of employment qualifies as a major life event and allows enrollment outside of Open Season. Another labor and employment attorney reminded federal workers they do qualify for unemployment insurance.<\/p>\n \u201cA common misconception is that you can fire a probationary employee for any reason (so long as it\u2019s not discrimination, whistleblower retaliation, and\/or political affiliation). That is not true,\u201d wrote Michal Shinnar, an employment lawyer for Joseph Greenwald & Laake in a post on LinkedIN<\/a>. \u201cJust because they terminated you doesn\u2019t mean it\u2019s legal, and that you don\u2019t have recourse.\u201d<\/p>\n Unemployment insurance options<\/p>\n The Labor Department\u2019s unemployment compensation for federal employees fact sheet<\/a> explains:<\/p>\n ]]><\/p>\n \u201cThe UCFE program provides unemployment compensation for federal employees who lost their employment through no fault of their own. UCFE is administered by the states, the District of Columbia, Puerto Rico and the United States Virgin Islands who act as agents of the federal government. In general, the unemployment insurance (UI) law of the state in which the former federal employee had his\/her last official duty station in federal civilian service will be used to determine eligibility for UCFE benefits. Accordingly, the same terms and conditions that apply to individuals eligible for regular state UI apply to UCFE claimants.\u201d<\/p>\n Employees who are terminated also have appeal rights before the Merit Systems Protection Board.<\/p>\n The USDA notice said \u201csuch appeal must be filed within 30 days of the effective date of this decision or 30 days after the date of your receipt of this decision, whichever is later.\u201d<\/p>\n But experts say appeals to MSPB for probationary employees are difficult to win because appeals are based on specific types of service.<\/p>\n Appeals are possible<\/p>\n The MSPB fact sheet<\/a> on probationary employees appeals states:<\/p>\n \u201cYour right to appeal your removal to the Board will depend on whether you meet the definition of an \u201cemployee\u201d under the law (5 U.S.C. \u00a7 7511(a)(1)) and whether you meet the requirements of any OPM regulation that grants additional appeal rights. Whether you are an \u201cemployee\u201d with appeal rights will depend in part on whether you are in the competitive service (defined in 5 C.F.R. \u00a7 212.101) or the excepted service (defined in 5 C.F.R. \u00a7 213.101).\u201d<\/p>\n MSPB also says employees have the right to file an Equal Employment Opportunity complaint, a grievance or a request for corrective action with the Office of Special Counsel.<\/p>\n \u201cYou should quickly attempt to determine whether such options exist before you file an appeal, because frequently the type of review you seek first constitutes an \u2018election of remedy\u2019 that may limit or preclude other review options,\u201d the board stated.<\/p>\n The American Federation of Government Employees condemned the probationary firings.<\/p>\n ]]><\/p>\n \u201cThis administration has abused the probationary period to conduct a politically driven mass firing spree, targeting employees not because of performance, but because they were hired before Trump took office,\u201d said AFGE National President Everett Kelley in a statement. \u201cThese firings are not about poor performance \u2014 there is no evidence these employees were anything but dedicated public servants. They are about power. They are about gutting the federal government, silencing workers, and forcing agencies into submission to a radical agenda that prioritizes cronyism over competence.\u201d<\/p>\n Another lawsuit filed<\/p>\n The National Treasury Employees Union filed a lawsuit<\/a> on Wednesday in U.S. District Court for the District of Columbia, asking the judge to declare that the mass firing of probationary and other employees and the deferred resignation program, collectively, are unlawful.<\/p>\n The National Federation of Federal Employees (NFFE-IAM) added its voice to the concerns over these firings of probationary employees too.<\/p>\n \u201cThe President and Elon Musk are being intentionally dishonest with the American public by claiming the mass firing of federal employees and downsizing of the civil service are about efficiency and cost savings,\u201d said NFFE National President Randy Erwin in a statement. \u201cIn reality, laying off thousands of important federal workers is inefficient and cruel. It is a tremendous task to hire and retain a skilled civil service, and indiscriminately dismissing qualified workers is an incredible waste of time and money. Firing tens of thousands of civil servants puts a massive strain on public services that Americans depend on every day and makes our country considerably less safe.\u201d<\/p>\n Elon Musk, whom President Donald Trump has given wide leeway to slash government spending with his Department of Government Efficiency, called Thursday for the elimination of whole agencies.<\/a><\/p>\n \u201cI think we do need to delete entire agencies as opposed to leave a lot of them behind,\u201d Musk said via a videocall to the World Governments Summit in Dubai, United Arab Emirates. \u201cIf we don\u2019t remove the roots of the weed, then it\u2019s easy for the weed to grow back.\u201d<\/p>\n
\nYour life insurance continues for 31 days.
\nYou may qualify for unemployment because your removal (as phrased in the OPM notification) is not based on misconduct. See your state\u2019s Department of Labor or state unemployment office website.<\/p>\n