LEGAL CLAIMS AVAILABLE TO FEDERAL PROBATIONARY EMPLOYEES WHO ARE TERMINATED

Under orders from the White House, many federal agencies are taking action in 2025 to terminate probationary employees. Probationary employees have limited legal recourse to challenge termination actions. This guide provides legal options that a probationary employee can consider in challenging a termination action.

Appeal Regarding Improper Determination that Worker is Still in Probationary Status

If an employee is terminated as a supposedly probationary employee, but the worker has in fact already satisfied the requirements to complete the probationary period, the worker can appeal the termination action to the Merit Systems Protection Board (MSPB). This may occur, for example, if an agency miscalculates the duration of a probationary period or if an employee moved from one federal agency to another federal agency, and the new agency mistakenly failed to account for the employee’s previous federal service. If you believe that you have been improperly identified as a probationary employee, contact the lawyers of KPWW for an initial consultation, and we can review information to help determine your correct status. Please note that an MSPB appeal should be filed within 30 days of the effective date of the termination action.

Grievance Action

You may have the ability to file a grievance regarding a termination action, as the action may not comply with the terms of a collective bargaining agreement. We recommend that you consult with your union to explore your rights to pursue a grievance action and applicable deadlines.

EEO Discrimination Complaint

You have a right to be free from discrimination based on your race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, genetic information or retaliation for protected EEO activity. If you believe that you were terminated due to discrimination, you may pursue an EEO discrimination complaint. You must initiate your EEO complaint within 45 days of the termination action by contacting your federal agency’s EEO or Civil Rights Office.

Whistleblower Retaliation Complaint

If you believe that you were terminated as a result of your prior whistleblowing activity, you can initiate a whistleblower retaliation complaint with the Office of Special Counsel (OSC). OSC can either pursue legal action on your behalf or provide you with the right to file an action before the Merit Systems Protection Board (MSPB).

Complaint of Being Targeted Due to Partisan Political Affiliation

If you believe that you were terminated due to your partisan political affiliation, you can file an appeal with the Merit Systems Protection Board (MSPB). You should file an MSPB appeal within 30 days of the effective date of the termination action.

Complaint of Being Targeted Due to Marital Status

If you believe that you were terminated in relation to your marital status (either because you were married or because you were not married), you can file an appeal with the Merit Systems Protection Board (MSPB). You should file an MSPB appeal within 30 days of the effective date of the termination action.

Appeal of Termination Based on Pre-Employment Activity

If you were terminated due to conditions arising pre-employment with the federal agency, the agency is required to provide you with due process to respond to the allegations before taking action. If you believe that your termination resulted from allegations relating to pre-employment conditions and you were not provided with an opportunity to rebut those allegations, you may file an appeal with the Merit Systems Protection Board (MSPB). You should file the MSPB appeal within 30 days of the effective date of the termination action.

Please note that the deadlines for these claims are relatively fast, and the deadlines apply whether or not you are represented by a lawyer. If you are running up against a deadline and you are not represented by a lawyer, you should consider the option of filing you claim without a lawyer. You can always add a lawyer to your case at a later time. Failure to satisfy applicable deadlines may result in dismissal of your claims.