The Justice Department has authorized division leaders to terminate probationary employees based on performance, according to an email reviewed by Bloomberg Law that provides mixed signals on whether such firings are mandatory.
DOJ’s human resources office “recently provided guidance to components that they should promptly identify and remove probationary employees whose performance or conduct merits separation from federal service,” an administrative officer from the attorney recruitment office wrote to department officials Feb. 25.
The department’s attorney recruiting office director normally retains that termination power, but transferred it Feb. 25 to DOJ assistant attorneys general and other office chiefs in order to “facilitate prompt action,” the email stated.
“Nothing in the delegation requires that Component Heads take any immediate action to terminate attorneys or law clerks,” the email continued. Decisions do to so “should be made consistent with sound management practices” including consulting with an employment counsel.”
This guidance comes as more than 30,000 employees—mostly probationary, meaning they lack stronger job protections—have been fired from other agencies since President Donald Trump took office.
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