White House now says firing probationary workers up to agencies
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In the wake of a judge's ruling pausing the terminations of federal probationary employees, the Office of Personnel Management (OPM) is now telling agencies that they're the ones with the power to fire workers.
Why it matters: The firings of as many as 30,000 probationary federal workers have sparked chaos, stress and confusion, as well as disrupted work, across the government.
Catch up quick: A judge last week paused the terminations, finding they may have been ordered illegally.
- The ruling was in response to a lawsuit filed by unions and advocacy organizations, spearhead by the American Federation of Government Employees, which represents federal workers.
- They alleged the firings were illegal and that OPM doesn't have the authority to direct agencies to terminate workers.
Where it stands: On Tuesday OPM emailed new guidance to human resource officers at federal agencies.
- "The U.S. Office of Personnel Management (OPM) is aware of recent litigation challenging the terminations of various probationary employees in different departments of the federal government," says the email, viewed by Axios. It links to an updated guidance memo.
- The updated guidance appears to consist of a new paragraph, emphasizing that OPM isn't directing agencies "to take any specific performance-based actions regarding probationary employees."
- "Agencies have ultimate decision-making authority...for such personnel actions."
The intrigue: The revised guidance doesn't say anything about what happens to fired workers, many of whom have been closely following this case and hoping to get their jobs back.
- U.S. District Judge William Alsup ordered OPM to rescind the Jan. 20 memo and a Feb. 13 email that, according to the lawsuit, directed agencies to identify employees who should be terminated and included a form email to help facilitate those firings.
- OPM has told the court it did not order firings, but the claim may contradict evidence to the contrary, as Government Executive reported recently.
- The mass firings started February 14, a day some refer to as the Valentine's Day massacre.
What they're saying: "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," AFGE president Everett Kelley said in a statement.
- "Every agency should immediately rescind these unlawful terminations and reinstate everyone who was illegally fired."
Have a tip about the firings. You can message reporter Emily Peck confidentially at EmilyRPeck.71 on Signal.
Editor's Note: This story has been updated with a statement from AFGE.
