NewsVine_Mariyam
Diamond Member
UPDATED TO INCLUDE MISSING TEXT
So I was not aware that Civil Service workers, specifically those employed by the Federal government are not at-will employees. And while I knew that there are certain things that employers should and should not do when terminating a worker, I was not aware that federal workers have such robust job protections, which is great for the worker and what makes the WAY Trump/Musk et al are going about their "downsizing" of the workforce so distressing.
Once a federal employee passes probation, they gain certain job protections under the Civil Service Reform Act (CSRA) of 1978 and cannot be fired at will. Instead, the termination process must follow due process and legal standards.
So I was not aware that Civil Service workers, specifically those employed by the Federal government are not at-will employees. And while I knew that there are certain things that employers should and should not do when terminating a worker, I was not aware that federal workers have such robust job protections, which is great for the worker and what makes the WAY Trump/Musk et al are going about their "downsizing" of the workforce so distressing.
Once a federal employee passes probation, they gain certain job protections under the Civil Service Reform Act (CSRA) of 1978 and cannot be fired at will. Instead, the termination process must follow due process and legal standards.
Requirements for Terminating a Federal Employee (Post-Probation)
- Valid Cause for Termination
Federal employees can only be terminated for specific reasons, such as:
- Misconduct (e.g., insubordination, criminal behavior, policy violations)
- Poor performance (documented failure to meet work expectations)
- Reduction in force (RIF) (job elimination due to budget cuts or restructuring)
- Medical inability to perform duties
- Progressive Discipline & Performance Improvement Plan (PIP)
- If termination is due to poor performance, agencies are generally required to provide:
- Notice of deficiencies
- A chance to improve (Performance Improvement Plan or PIP)
- Guidance and support for improvement
- If the employee fails the PIP, the agency can initiate termination.
- If termination is due to poor performance, agencies are generally required to provide:
- Formal Notification & Opportunity to Respond
- Employees must receive a written noticeoutlining:
- The reasons for termination
- The evidence supporting the decision
- Their right to respond (usually within 30 days)
- Employees have the right to rebut allegations and present mitigating factors.
- Employees must receive a written noticeoutlining:
- Right to Appeal
- Most career federal employees can appeal their termination to the Merit Systems Protection Board (MSPB).
- If the employee believes the termination was based on discrimination, retaliation, or a violation of due process, they can file a claim with the:
- Equal Employment Opportunity Commission (EEOC)
- Office of Special Counsel (OSC)
- Federal Labor Relations Authority (FLRA) (for unionized workers)
- Final Decision & Separation
- If the agency proceeds with termination after the response period, they issue a final decision.
- The employee may be removed from service or, in some cases, placed on administrative leave during the appeal process.
Bottom Line
Unlike private-sector employees (who are often “at-will”), federal employees cannot be fired arbitrarily. The process is designed to prevent political retaliation and ensure fairness, but it does allow for termination when justified.
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