Trump admin guidance leaves firings of ‘probationary’ staff up to agencies

By Robin Bravender | 03/04/2025 04:19 PM EST

The memo comes in the wake of a court ruling that the Office of Personnel Management broke the law. 

Protesters in front of the U.S. capitol building.

Medical researchers from universities and the National Institutes of Health rally near the Department of Health and Human Services' headquarters to protest federal budget cuts Feb. 19 in Washington. John McDonnell/AP

The Trump administration has updated its guidance on so-called probationary employees after a court ruled the administration had illegally ordered their firing, saying the final choice rests with agencies.

The Office of Personnel Management issued an updated guidance memo to agencies Tuesday including how to handle employees on probationary periods.

The updated memo, reported Tuesday by Axios, includes new language stating that OPM “is not directing agencies to take any specific performance-based actions regarding probationary employees.”

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Agencies, the memo says, “have ultimate decisionmaking authority over, and responsibility for, such personnel actions.”

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