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By Claire Dickey
Senior Editor
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The Trump administration has revised its earlier guidance on the firing of probationary federal employees, now emphasizing agency autonomy over these decisions, according to an updated Office of Personnel Management (OPM) memo. This pivot follows a significant court ruling that deemed previous mandates potentially unlawful.
Newsweek reached out to the Office of Personnel Management for comment via email on Tuesday.
Why It Matters
The Trump administration's reversal could be seen as a move to align with recent legal standards and may significantly impact how federal agencies manage their personnel—especially those still within their probationary period.
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What To Know
An OPM memo originally released on January 20, directed U.S. federal agencies to identify and potentially dismiss employees in their probationary period.
However, after facing legal challenges and a court ruling, the memo was updated on Tuesday to clarify that agencies are not required to take specific actions against probationary employees.
With the change, agencies now retain the decision-making power, a point stressed by the acting OPM Director Charles Ezell in court documents.
"Please note that, by this memorandum, OPM is not directing agencies to take any specific performance-based actions regarding probationary employees. Agencies have ultimate decision making authority over, and responsibility for, such personnel actions," the memo now reads.
This update follows a February 27 ruling by U.S. District Judge William Alsup, who found the OPM likely lacked the legal authority to mandate the firing of federal agency employees, a power that constitutionally resides with the agencies themselves.
What People Are Saying
Everett Kelley, national president of the American Federation of Government Employees (AFGE), said in a statement: "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. Every agency should immediately rescind these unlawful terminations and reinstate everyone who was illegally fired."
Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, wrote on X (formerly Twitter): "After Judge Alsup tore OPM a new one and ordered Acting Director Ezell to testify in open court, Ezell revises the previous OPM guidance and now says in a memo that agencies are not required to do anything specific in regards to probationary employees."
What Happens Next
The full implications of this policy revision are still unfolding, including how agencies will implement these new guidelines and how the change affects previously fired workers.
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