Wed Mar 05 15:40:00 UTC 2025: ## Federal Judge’s Ruling Forces OPM to Reverse Course on Probationary Employee Firings

**Washington, D.C.** – The Office of Personnel Management (OPM) has revised its guidance on the termination of probationary federal employees following a federal judge’s ruling that deemed the agency’s previous directives illegal. The judge declared OPM’s January and February memos, which encouraged agencies to dismiss probationary workers, as “ultra vires,” exceeding its legal authority.

The original memos, which requested lists of probationary employees and suggested their dismissal, led to the termination of tens of thousands of federal workers. Many agencies interpreted the OPM communications as directives, resulting in widespread firings. These actions were criticized as a potential backdoor method for conducting a reduction in force (RIF).

OPM’s updated guidance clarifies that the agency was not ordering agencies to fire employees, stating that individual agencies retain ultimate decision-making authority. This follows a lawsuit filed by the American Federation of Government Employees (AFGE), which called the initial memos a “clear admission” of agency-directed terminations.

At least one agency, the National Science Foundation (NSF), has already reinstated 84 employees following the court ruling, providing backpay and avoiding a break in service. However, the judge’s ruling currently only applies to specific agencies including the National Park Service, Department of Veterans Affairs, Bureau of Land Management, National Science Foundation, Small Business Administration, and Department of Defense.

Legal experts express concern that the firings could continue, potentially using performance-based terminations as a pretext for RIFs. The impact on federal employees is described as demoralizing, frightening, and angering, with concerns that the Trump administration is trying to discourage federal employment through such actions. The Merit Systems Protection Board (MSPB) has also intervened, staying termination decisions for six fired employees. The situation remains fluid, with the potential for further legal challenges and congressional intervention.

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