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Your rights as a probationary employee: Terminations, appeal and process

The Partnership for Public Service’s Federal Employee Explainer Series featured a webinar on federal probationary periods and understanding employee rights and appeals. 

Partnership Vice President of Government Affairs Jenny Mattingley led the discussion with Robert Erbe, a private-practice attorney who specializes in federal employment litigation, Jim Eisenmann, an attorney focused on federal and private-sector employment law, and Rob Shriver, managing director of Civil Service Strong and former acting director of the Office of Personnel Management. 

They addressed the following questions.

What is the probationary period in the federal government? 

The probationary period is a trial phase that enables agencies to evaluate new federal employees’ suitability for their role and performance. The Partnership estimated that more than 250,000 federal workers were currently in their probationary period as of January 2025. This number included approximately 147,000 employees in the competitive service and 110,000 in the excepted service.  

The probationary period, established by the Pendleton Act of 1883, which created our merit-based civil service, is designed to be the final stage in the federal hiring process. This phase serves as a “job tryout,” enabling agencies to assess whether new employees meet performance and conduct standards.

How can employees determine if they are in a probationary period? 

Employees should review their appointment documentation or consult human resources to determine if they are in a probationary period. If an employee changes roles within the same agency or moves to a new agency, a new probationary period may begin, depending on the nature of the new position.

Employees should check their Electronic Official Personnel Folder (eOPF) and contact HR for clarification if they suspect an error in their probationary status.

How does the probationary period differ for federal employees with different statuses? 

Competitive service employees must complete a one-year probationary period. After that period, they gain full civil service rights, including appeal rights. 

Excepted service employees are typically subjected to a two-year trial period, although the length may vary based on the agency and position. 

Senior Executive Service employees have unique evaluation processes, but they too undergo a probationary period.

When an employee is terminated during the probationary period, what information must the agency provide? 

When an agency fires a probationary employee who is not meeting performance or conduct standards, its only obligation is to provide a written explanation of its decision and an effective date. According to federal code, this explanation should “at a minimum, consist of the agency’s conclusion as to the inadequacies of [the employee’s] performance or conduct.”

What appeal rights do probationary period employees have? 

Probationary employees have more restricted appeal rights compared with permanent employees. This Merit Systems Protection Board fact sheet provides a list of limited circumstances that may enable a probationary employee to appeal a termination.  

Probationary employees cannot appeal a job termination for performance or conduct reasons. However, probationary employees who have current continuous service from another federal position may have adverse action rights.

Are there different avenues and options for appeal? 

The Merit Systems Protection Board hears appeals of adverse actions, such as removals, suspensions and reductions in grade, as well as certain performance-related actions. Employees can appeal decisions made by federal agencies regarding their employment status to seek redress for perceived injustices. 

The Equal Employment Opportunity Commission handles complaints related to discrimination based on race, color, religion, sex, national origin, age, disability or genetic information. Employees can file complaints with the EEOC if they believe they have been discriminated against in the workplace. 

The Office of Special Counsel investigates prohibited personnel practices, including retaliation against whistleblowers and discrimination based on military status. It also addresses violations of the Hatch Act, which restricts certain political activities of federal employees. The act offers a mechanism for civil servants to report and seek action against political retribution.

What is the process for filing a Merit Systems Protection Board appeal, and what information should someone be ready to provide?

Employees who believe their termination was unlawful can file an appeal through the appropriate channels by following these steps: 

• First, gather relevant documentation, such as the termination letter and performance evaluations.  

• Next, determine eligibility by identifying grounds for appeal based on prohibited personnel practices.  

• Then, submit the appeal online through the board’s e-Appeal website.  

• Finally, meet the deadline, as appeals typically must be filed within 30 days of the termination date or the receipt of the termination notice. 

Stay informed 

Explore our resource hub for real-time updates about the latest civil service proposals and how they affect federal employees, as well as information about the rules and regulations that protect the career workforce from undue discrimination, retaliation or political interference.   

The hub also includes all the webinars in our Federal Employee Explainer Series.

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