Federal workers terminated while on a probationary period generally do not have the same appeal rights as full-fledged federal employees. However, there are two notable exceptions for those in competitive service (see your SF-50).

The Probationer Paradox

Examples

  • You worked for over 1 year in a term appointment, then took a federal job in the permanent, competitive service and were labeled as a “probationary employee.”

  • You worked 6 months in federal job A, then took federal job B and worked 6 months and 1 day.

  • You worked for over 1 year in permanent, competitive service, gained full employee rights, then took a new federal job and were labeled a “probationary employee.”

1) You are in competitive service, and you have completed 1 year of current, continuous service under other than a temporary appointment limited to 1 year or less.

2) Prior federal civilian service can count towards completing a probationary period if it was within the same agency, in the same line of work, and with no more than a 30-day break in service; essentially allowing an employee to "tack on" previous service to their current probationary period. 

Examples

  • You worked for over 1 year for the Department of Interior, then left to pursue something else. Then you came back to a similar role at the DOI and were labeled a probationary employee. By law, you are an “employee” and entitled to full due process.

  • You worked 6 months in federal job A, then took federal job B at the same agency within 30 days. After 6 months and 1 day at federal job B, you are legally considered an “employee.”

In the above examples and countless others, you are legally considered an “employee.” This means you cannot be terminated by mass mail and are entitled to the due process of federal employees.

If you think you fall into either exception, an appeal must be filed with the MSPB within 30 calendar days of the effective date of the action, if any, or within 30 calendar days after the date of receipt of the agency's decision, whichever is later. After appealing, the process at the MSPB begins. The MSPB strives to resolve claims as quickly as possible, and a resolution can be reached within 90 days after appealing. Generally, the case settles through informal negotiations or through mediation. Most successful appellees receive either reinstatement + backpay or a lump sum cash settlement.