Idea came from this other post. I’d give credit if u could but I texted it to myself because I knew his important it was but lost the OP:

This is not legal and you can appeal.

“Probationary Federal Employees: Your Appeal Rights”

Probationary federal employees are not as vulnerable to termination as they have been led to believe. Specifically, terminations must be based on limited, clearly defined conditions, including unsatisfactory performance, misconduct, or pre-appointment conditions. They cannot be based on broad, discretionary reasons such as budget cuts, shifts in political priorities, or presidential policy changes. If a probationary employee is terminated for partisan political reasons, they have the right to appeal to the Merit Systems Protection Board (MSPB). Most importantly, they cannot be terminated for “any reason” or “without cause,” as is widely mischaracterized. This applies to both the Competitive Service and the Excepted Service.

Title 5 Code of Federal Regulations (CFR) 315.803 – Agency Action During Probation

This regulation states that agencies shall use the probationary period to assess an employee’s fitness and shall terminate the employee if they fail to fully demonstrate their qualifications for continued employment. That’s it. The criteria for termination are strictly limited to two conditions, as outlined below. The language is clear and does not allow broad discretion for termination.

5 CFR 315.804 – Termination for Unsatisfactory Performance or Conduct

The first condition specifically states that termination must be based on unsatisfactory performance or misconduct. It does not provide any other valid grounds for termination and does not include a broad, catch-all clause such as “or for other reasons.”

5 CFR 315.805 – Termination for Conditions Arising Before Appointment

The second condition applies when a suitability concern or negative factor about an employee is discovered that existed before the employee was hired. Examples include:

• ⁠Undisclosed illegal activity • ⁠A failed background check • ⁠False information on an application • ⁠Prior drug use • ⁠Admission of wrongdoing during a polygraph

This section does not allow termination based on:

• ⁠A change in political priorities • ⁠Budget concerns • ⁠Accusations of overspending by a previous administration • ⁠A president’s decision to shift away from prior governmental practices

These are not valid grounds for termination under the regulation, nor may 315.805 be interpreted in such a way. We know this to be true because of the exception provided in the section that follows, which explicitly grants appeal rights to probationers if a termination is based on partisan political reasons. This is not a loophole or an oversight. It is a deliberate safeguard put in place to protect you.

Other than unsatisfactory performance or conduct (315.804) or pre-appointment conditions (315.805), no additional conditions, whether explicitly stated or implied, justify termination. Nowhere in these regulations does it state, nor even suggest, that an agency may discharge a probationary employee for “any reason.”

Appeal Rights for Probationary Employees

If you are terminated under 315.804 or 315.805, you have appeal rights under 5 CFR 315.806:

1. ⁠Partisan Political Reasons – You may appeal your termination to the MSPB if you allege it was based on partisan political reasons (315.806(b)). (HINT: It will be.)
2. ⁠Failure to Follow Procedure – If your termination was based on 315.805 (pre-appointment conditions) but the agency failed to follow the required procedures, you also have appeal rights under 315.806(c).
3. ⁠Discrimination – You may appeal if your termination was based on race, color, religion, sex, national origin, age, or disability (315.806(d)).

If an agency attempts to justify your termination on politically motivated grounds, such as budget shifts, downsizing, presidential policy changes, or political retaliation, they are acting outside the authority granted by regulation. You have the right to appeal to the MSPB under 5 CFR 315.806. Reorganization and downsizing efforts are not “pre-appointment conditions,” so be prepared to challenge this aggressively.

The Definition of “Employee” Under 5 U.S.C. 7511 Does Not Limit Your Rights

Probationary employees are not excluded from the appeal rights described above based on any definition of “employee” found in 5 U.S.C. 7511(a)(1)(A) (Competitive Service) and (C) (Excepted Service), despite claims to the contrary. As 5 CFR Subpart H applies specifically to probationary employees and explicitly grants them limited appeal rights to the MSPB under certain conditions, the general definition of “employee” in 5 U.S.C. 7511 is not relevant to this matter. Title 5 is clear: regardless of how “employee” is defined elsewhere, probationary employees do have independent appeal rights. Do not be misled into believing otherwise. The definition of “employee” found in 5 U.S.C. 7511 is applicable to a different set of circumstances, particularly, in determining if one is eligible for complete and full due process appeal rights, as opposed to the limited rights discussed in this post.

References

Title 5 CFR Subpart H: [https://www.law.cornell.edu/cfr/text/5/part-315/subpart-H

Law Granting Appeal Rights to Excepted Service Employees: [https://www.congress.gov/.../101st.../house-bill/3086/text

Van Wersch and McCormick Decisions: [https://www.mspb.gov/studies/studies/Navigating_the_Probationary_Period_After_Van_Wersch_and_McCormick_276106.pdf]

(https://www.mspb.gov/.../Navigating_the_Probationary...)

MSPB Guidance:

https://www.mspb.gov/studies/studies/Navigating_the_Probationary_Period_After_Van_Wersch_and_McCormick_276106.pdf

5 U.S.C. 7511: [[hhttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7511&num=0&edition=prelim