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Terminated/RIF

Terminated Probationary

If you are a probationary employee who has been terminated or affected by RIF, your situation involves unique considerations. Learn about your rights and how the union can help.

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Understanding Probationary Status

Federal employees typically serve a probationary period (usually one year, though some positions require two years) after initial appointment or promotion to a new position. During probation, employees are in a career-conditional status (Tenure Group II) and have more limited appeal rights compared to career employees who have completed their probationary period.

If you are a probationary employee who has been terminated or received a RIF notice, it is important to understand the differences between a probationary termination and a RIF separation, because your rights and options depend on the basis for your removal.

Critical Distinction

Probationary termination and RIF separation are different actions with different rules and different appeal rights. If the agency is terminating you during probation rather than conducting a proper RIF, this distinction matters enormously. Make sure you understand which action is being taken against you.

Probationary Termination vs. RIF

Probationary Termination

  • Agency can terminate for performance or conduct during probation with minimal procedural requirements
  • No 60-day advance notice required
  • No retention standing analysis required
  • Limited MSPB appeal rights (only on grounds of discrimination or improper procedure)
  • Agency must provide written notice with reasons and effective date
  • No bump or retreat rights

RIF Separation

  • Must follow formal RIF procedures under 5 CFR Part 351
  • 60-day minimum advance notice required
  • Retention standing determines order of release
  • Full MSPB appeal rights on procedural grounds
  • Detailed specific notice with competitive area, level, and standing
  • Bump and retreat rights apply (though probationary employees have lower retention standing)

Appeal Rights for Probationary Employees

If You Were Terminated During Probation

Probationary employees terminated for unsatisfactory performance or conduct generally do not have the right to appeal to the MSPB. However, you can appeal if:

  • Discrimination: You believe the termination was based on race, color, religion, sex (including sexual orientation and gender identity), national origin, age (40+), disability, or genetic information
  • Partisan political reasons: The termination was motivated by your political affiliation or beliefs
  • Marital status: The termination was based on your marital status
  • Whistleblower retaliation: You were terminated in retaliation for making a protected disclosure about waste, fraud, abuse, or violations of law
  • Procedural error: The agency failed to follow required procedures for probationary termination

If You Were Separated Through RIF

If the agency conducted a formal RIF and you were separated as a probationary employee, you have broader appeal rights:

  • You can appeal to the MSPB on the grounds that the agency did not follow proper RIF procedures
  • You can challenge errors in your retention standing, competitive area, or competitive level
  • The agency bears the burden of proving the RIF was conducted properly
  • The 30-day deadline for filing still applies from the effective date of separation

How the Union Can Help

Even though probationary employees have more limited appeal rights, AFGE Local 2883 can still provide significant assistance:

Review the Basis for Your Termination

We can analyze whether the agency is properly characterizing its action. If the agency is using probationary termination as a shortcut to avoid RIF procedures, we can challenge this.

Identify Discrimination or Retaliation

If there is evidence that your termination was motivated by discrimination, political reasons, or retaliation for whistleblowing, these are appealable even during probation.

File Grievances Under the CBA

Depending on the terms of the collective bargaining agreement, certain aspects of your termination may be grievable even if they are not appealable to the MSPB.

Assist with EEO Complaints

If discrimination is a factor, we can help you navigate the EEO complaint process, including contacting an EEO counselor within the required 45-day window.

Career Transition Support

We can help you understand your options for other federal positions, including whether you qualify for CTAP or ICTAP placement assistance.

Next Steps for Probationary Employees

1

Contact AFGE Local 2883 Immediately

Time is critical. Contact your union as soon as you receive notice of termination or separation so we can evaluate your situation and advise you on your options.

2

Preserve All Documentation

Keep copies of your termination notice, performance evaluations, emails, and any other documents related to your employment and termination. These may be critical for any appeal or complaint.

3

Determine the Correct Characterization

Work with your union to determine whether your separation is properly characterized as a probationary termination or a RIF. The characterization affects your rights, benefits, and future federal employment eligibility.

4

Understand Your SF-50

The nature of action code on your separation SF-50 matters for future employment. A RIF separation (Nature of Action Code 351) is different from a probationary termination and is generally viewed more favorably by future federal employers.

Probationary Employee Facing Termination?

Do not assume you have no options. Contact AFGE Local 2883 to review your situation and explore every available avenue for protecting your rights and career.

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