OPM retroactively edits probationary firing guidance to note it did not order probationary firings

The Trump administration has retroactively edited its guidance that required agencies to gather lists of their recently hired employees to reflect that it is not mandating any specific firing actions. 

The revision follows a court ruling that found the Office of Personnel Management illegally ordered agencies to terminate large swaths of employees in their probationary periods, most frequently those hired in the last one or two years. Agencies across government have fired more than 25,000 employees and the update to the memorandum does not call on federal offices to re-hire them. 

It also does not suggest that agencies should stop firing them. As recently as this weekend and Monday, the departments of Commerce and Homeland Security fired some of their probationers. 

OPM made its edit to a memo it issued shortly after Trump’s inauguration on Jan. 20, noting at the top of the document that it was “Revised: March 4, 2025.” 

“Please note that, by this memorandum, OPM is not directing agencies to take any specific performance-based actions regarding probationary employees,” the agency added to its memo on Tuesday. “Agencies have ultimate decisionmaking authority over, and responsibility for, such personnel actions.”

The Trump administration argued before the U.S. District Court for Northern California last week that it never directed agencies to terminate probationary employees for either performance or misconduct. That claim appeared to contradict significant evidence to the contrary. 

Shortly after President Trump’s inauguration, acting OPM Director Charles Ezell issued guidance requiring all agencies to compile lists of their probationary employees and send them to OPM. Agencies subsequently had to justify those employees’ roles to OPM and in some cases were instructed to do so in a limited timeframe and with only 200 characters. 

On Feb. 13, OPM had a call with agency human resources leaders directing them to begin terminating employees in their probationary periods, a source familiar told Government Executive at the time. That call was widely reported. 

On Feb. 14, OPM followed up on that call with a memorandum to the Chief Human Capital Officers Council with the subject "Follow up: CHCO Council Special Session." 

"We have asked that you separate probationary employees that you have not identified as mission-critical no later than end of day Monday, 2/17," OPM wrote in the memo. "We have attached a template letter. The separation date should be as soon as possible that is consistent with applicable agency policies."

Judge William Alsup, who presided over the case, said the administration’s argument was not credible and ordered both the Jan. 20 memo and the Feb. 13 directive to be rescinded. OPM has instead opted to edit the Jan. 20 memo. 

“The Office of Personnel Management does not have any authority whatsoever under any statute in the history of the universe to hire and fire employees at another agency,” Alsup said.

He limited the decision to specifically the departments of Defense and Veterans Affairs, as well as the National Park Service, Bureau of Land Management, Small Business Administration and Fish and Wildlife Service. 

While some agencies have continued firing probationary staff, at least one—the National Science Foundation—has re-hired about half of those it let go, citing the court ruling. 

“OPM’s revision of its Jan. 20 memo is a clear admission that it unlawfully directed federal agencies to carry out mass terminations of probationary employees – which aligns with Judge Alsup’s recent decision in our lawsuit challenging these illegal firings,” said Everett Kelley, president of the American Federation of Government Employees, the union that led the lawsuit against the firings. “Every agency should immediately rescind these unlawful terminations and reinstate everyone who was illegally fired.”

The judge’s decision marked the second setback the Trump administration has faced on its probationary firings. At the request of the Office of Special Counsel, the Merit Systems Protection Board ordered six fired probationary employees to be at least temporarily reinstated into their jobs. MSPB affirmed OSC’s findings that the firings were likely unlawful, and the latter agency is now investigating how to expand its recommendations for a much broader population.