Clarification on OPM's Role in Firing Federal Workers

On Tuesday, the Office of Personnel Management (OPM) discreetly updated a memo regarding the dismissal of probationary federal employees. The amendment now clearly states that it is the responsibility of individual agencies, not OPM, to terminate employees.

In a recent judicial decision, a federal judge declared that OPM overstepped its authority by claiming it could fire employees across different agencies. This ruling, issued by Judge William Alsup, required OPM to notify agencies of its limitations. The revised memo aligns with this directive.

Historical Context of the Memo

Originally released on January 20, the inauguration of President Donald Trump, the memo's core elements have largely stayed the same. Earlier, agencies were instructed to submit a list of all probationary employees to a general OPM email and also to Amanda Scales, the chief of staff linked to the White House DOGE Office. The updated version now directs them to send the list solely to the general email.

Shift in Descriptive Language

Previously, the memo framed probationary periods as mechanisms to evaluate performance and manage workforce levels, which hinted at their use for staff downsizing. The revision omits this aspect, focusing instead on the probationary role in confirming employees are ‘assets to the Government’.

An OPM email to the chief human capital officers of various agencies noted the ongoing legal challenges to the dismissal of probationary employees across several federal departments, as detailed in a document reviewed by Business Insider.

Clarifications in New Guidance

The revised memo makes it clear that OPM is neither directing nor has directed agencies to initiate specific performance-related dismissals of probationary staff. This clarification is underscored in a statement signed by the 'CHCO Council.'

Thousands of probationary employees, typically those with less than two years in their roles, have already been let go. It remains uncertain if they can be reinstated under the new directive.

Lack of Immediate Response

Attempts to obtain comments from the White House and OPM representatives went unanswered by Business Insider.