Reversing its prior decision, OSC said in a new brief that regulations give agencies broad discretion to fire probationers “with very limited restrictions."
Editor’s Note: This story was updated with more information.
The Office of Special Counsel, operating under new leadership, now says it believes agencies do have the authority to fire their probationary federal employees — for virtually any reason and at any time.
In a reversal of its own legal position from earlier this year, OSC argued in an amicus brief filed Wednesday afternoon that current federal regulations give agencies broad discretion to terminate probationers “with very limited restrictions on the reasons for termination.”
OSC’s brief, filed with the Merit Systems Protection Board, argued that agencies’ terminations of probationary employees, in response to the Office of Personnel Management’s guidance, were in compliance with statutory and regulatory requirements, and therefore do not constitute a prohibited personnel practice.
Current federal regulations state that agencies should terminate employees who fail to fully demonstrate their qualifications for continued employment, on the basis of either performance or conduct.
In its amicus brief, OSC said it believes those regulations mean agencies should screen out probationary employees for any reason the agency believes the employee is unsuitable for the competitive service.
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