Trump reverses course on probationary employee terminations in federal offices
The Trump team’s new guidance on probationary employment clarifies that agencies, not OPM, have authority over performance-based decisions, following a court ruling that rejected its role in hiring and firing.
The Trump administration recently revised its rules regarding temporary federal employees following a federal judge's ruling that the Office of Personnel Management (OPM) lacked the authority to make hiring and firing decisions for other government bureaus. The new memo clarifies that agencies themselves, rather than OPM, hold ultimate authority over performance-based associates actions for these workers. This adjustment comes after a ruling by Senior District Judge William Alsup of the Northern District of California, which rejected OPM’s broader role in staffing procedures.
This new policy aims to clear up any confusion caused by public sector HR departments' previous directives, which were deemed overreaching by the court. As a result, temporary work periods are now recognized as a tool for evaluating performance, ensuring individuals will be valuable assets in the long run.
Why did the Trump administration revise its rules on temporary federal employment?
The changes to how temporary workers are handled followed a court order by Senior District Judge William Alsup, who determined that the Office of Personnel Management (OPM) had no control over workforce policies in other units. Alsup’s decision invalidated OPM’s directive for agencies to quickly decide on the retention of probationary servants, stating, "OPM does not have any authority whatsoever under any statute in the history of the universe, to hire and fire employees within another agency."
The new guidance clarifies that institutions are solely responsible for performance-based decisions regarding temporary members. The civil service will no longer dictate these actions, leaving each entity with the authority to retain or dismiss individuals based on their performance. A spokesperson for OPM commented, “It has always been up to agencies whether to take performance-based actions against temporary workers.”
What does this mean for probationary workers moving forward?
The recent adjustments in how probationary laborers are managed come at a crucial time when many are questioning the effectiveness of trial periods. Everett Kelley, National President of the American Federation of Government Employees, stated that "a clear admission that it unlawfully directed agencies to carry out mass terminations of probationary employees." This declaration showcases the transition in responsibility, ensuring that individual units now have the final say on staffing decisions based on results.
Although the court's ruling doesn’t directly reinstate those formerly terminated, it defines that no outside entity can dictate team structuring choices within the specific divisions. As the spokesperson for OPM asserted, “It has always been up to units whether to take performance-based actions against probationary workers.” The update ensures that each section has full autonomy in evaluating its members, moving away from one-size-fits-all policies, and is now better equipped to make decisions based on real-time performance data.