U.S. Office of Special Counsel (OSC)  Now Says Agencies Can Fire Probationary Feds For Almost Any Reason

U.S. Office of Special Counsel (OSC)  Now Says Agencies Can Fire Probationary Feds For Almost Any Reason

In a significant policy shift, the U.S. Office of Special Counsel (OSC) has informed over 2,000 probationary federal employees that it will not pursue their wrongful termination complaints, stating it lacks the authority to challenge these firings. This decision marks a reversal from the previous stance under former OSC head Hampton Dellinger, who had argued that such dismissals might be illegal under federal reduction-in-force rules and had called for a pause in terminations .WSJ+3The Washington Post+3POLITICO+3

The controversy centers on the Trump administration’s efforts to downsize the federal workforce, particularly targeting probationary employees—those within their first year of service or in new positions requiring a trial period. In January and February 2025, the Office of Personnel Management (OPM) issued memos directing agencies to terminate probationary employees by specific dates. However, U.S. District Judge William Alsup ruled that OPM had overstepped its legal authority, stating that no statute grants OPM the power to direct terminations in other agencies. Consequently, OPM rescinded the memos and revised its guidance, emphasizing that probationary periods should assess whether an employee will be an asset to the government, aligning with the President’s directive to reduce the federal workforce .The Washington Post+2AP News+2The Guardian+2Federal News Network+7WSKG+7Business Insider+7Wyoming Public Media+7NPR+7opb+7

Despite these developments, the OSC’s recent decision not to investigate the mass firings has raised concerns among Democratic lawmakers and legal advocates about the politicization of the agency, which is meant to protect federal employees from discrimination and retaliation. Critics argue that the OSC is abdicating its duty to investigate potential unlawful practices, suggesting that the dismissals stem from the Trump administration’s broader strategy to downsize federal employment rather than individual performance issues .The Washington Post

The situation has left many federal workers in limbo, with some agencies, like the National Science Foundation, reinstating fired employees based on updated guidance from OPM and federal courts. However, the broader implications for civil service protections and the integrity of oversight institutions remain a topic of intense debate and legal scrutiny .Wyoming Public Media+7NPR+7opb+7The Washington Post