If you were a probationary government employee that was let go by the N*zi Elmo and his muskrats, read this!

Here's the bottom line: These mass layoffs might be illegal. Even if you were on probation, the way they were done could violate your rights as a federal employee and break budget rules. If you've been let go, especially if you had a lot of prior service, don't wait. Contact a federal employee union (like AFGE) or a lawyer who knows about federal employment law. They can help you figure out if you have a case and what to do next.

1. Finding Legal Help:

• Federal Employee Unions: Contact unions representing federal employees, like the American Federation of Government Employees (AFGE), National Treasury Employees Union (NTEU), or unions specific to their agency. These unions often provide legal services to members or can offer referrals.

• Free Legal Clinics: Look for free legal clinics specializing in employment law. These clinics, often run by law schools or legal aid societies, can provide initial guidance and referrals.

• Government Accountability Project: This non-profit organization specializes in whistleblower protection and may offer guidance or representation, especially if the layoffs appear retaliatory or stem from unethical practices.

• Employment Law Attorneys: Seek out lawyers specializing in employment law, particularly those with experience in federal employment matters and knowledge of the CSRA. Online directories like Avvo or FindLaw can help locate lawyers in your area.

  • Also visit

  • The Merit Systems Protection Board, an independent federal agency that safeguards federal employees in employment disputes

  • If you have been fired, take action now! File an appeal within 30 days by submitting your case online or by mail to protect your rights.

2. Key Questions for Lawyers (Focus on Probationary Status):

• Probationary Rights: "How do my rights as a probationary employee differ from those of permanent employees in a layoff situation?"

• Challenging Termination: "Are there any legal grounds to challenge my termination, even though I was on probation? Could the CSRA still offer me some protection?"

• Due Process Violations: "Even if I have fewer rights, were there any due process violations in how my termination was handled (lack of notice, no opportunity to appeal, etc.)?"

• Discriminatory Practices: "Could my termination be part of a larger pattern of targeting probationary employees, which could point to discrimination?"

3. Information to Highlight for Your Lawyer:

• Length of Service: Even if technically on probation, highlight any prior federal service, especially if it's extensive (as you mentioned, potentially over 15 years). This strengthens the argument that your termination deviates from standard practice.

• Performance Reviews: If you received any positive feedback or reviews during your probation, provide documentation. This helps counter the assumption that probationary employees are always let go due to performance issues.

• Unusual Circumstances: Note anything unusual about your layoff: Were you given a reason? Was it connected to the SGE or any policy changes? This helps establish a potential pattern of unfair or illegal practices.

Remember:

• Don't Assume You Have No Case: Even probationary employees have rights. A lawyer can determine if the circumstances of your termination were legal and advise you accordingly.

• Document Everything: This includes emails, notices, performance reviews, and any communication regarding your layoff.

• Seek Help Promptly: Don't delay in seeking legal advice, as time limits for filing claims can be short.

While being on probation makes legal challenges more complex, it doesn't automatically mean you have no recourse.