The Trump administration is targeting the federal workforce with sweeping cuts and employees who are still on probationary status are some of the first positions on the chopping block.
The probationary firings have hit several agencies, including Veterans Affairs, the Department of Energy, the Small Business Administration and the Office of Personnel Management (OPM). The cuts are part of a Trump administration plan to slash government spending, overseen by DOGE, the governmental efficiency unit headed by Elon Musk. Compensation for federal employees comprised about 3% of the 2024 fiscal year federal budget, according to government data.
The scope of the terminations is not yet clear. But hundreds of thousands of probationary employees could be affected.
What is a probationary employee?
A probationary employee is often a recent hire to the agency or a long-serving employee who was moved or promoted into a new position. They are put on a "probationary" period that typically lasts for one or two years, though it can be longer at some agencies. It's like a trial period during which the worker and their performance are under heightened scrutiny.
"The probationary period is a continuation of the job application process, not an entitlement for permanent employment," said OPM spokesperson McLaurine Pinover.
Hundreds of thousands of workers across federal agencies hold the status. According to government data, around 220,000 federal employees had served under one year as of March 2024. Another 288,000 employees had between one and two years of service at that time.
Are all federal employees probationary to start?
Typically, yes.
Josh Jewett, an employment and labor attorney who represents people in the federal workforce, says he's never seen anything otherwise.
What rights do probational employees have?
Unlike non-probationary employees, they have few employee rights. They may be let go without any prior notice or severance. In most cases, they don't have the right to appeal their termination.
Probationary employees are entitled to a written letter or termination notice stating the reason for the firing, according to Suzanne Summerlin, a labor attorney in Washington, D.C.
However, if a probationary employee was fired on the basis of a protected characteristic or activity, there are legal avenues to challenge their dismissal as unlawful, according to Jewett. For example, they cannot be fired due to discrimination based on their race, gender and disability. Whistleblowers — who report fraud, abuse and other wrongdoings — are protected from being retaliated against.
If reinstated after a successful legal challenge, the probationary employee would be entitled to back pay, Jewett said.
What happens next?
The American Federation of Government Employees, which represents more than 800,000 civil servants, including federal workers subject to the cuts, said it would challenge the layoffs of probationary workers.
"AFGE will fight these firings every step of the way," AFGE National President Everett Kelley said in a statement. "We will stand with every impacted employee, pursue every legal challenge available, and hold this administration accountable for its reckless actions."
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