The Trump administration recently revised a memo requesting federal agencies to provide a list of probationary employees to the Office of Personnel Management (OPM), clarifying that OPM is not directing agencies to take specific actions regarding these employees. This move comes after a court order from U.S. District Judge William Alsup in San Francisco, who ruled that OPM likely violated statutes by ordering agencies to fire probationary employees. The judge ordered OPM to rescind the memo and another directive related to terminations.

The revised memo emphasizes that agencies have the authority and responsibility for personnel actions, aiming to provide clarity following the court ruling. The American Federation of Government Employees has urged agencies to reinstate unlawfully terminated employees. The National Science Foundation has already reinstated 86 probationary employees with back pay based on updated guidance.

Furthermore, the revised memo redefines the purpose of probationary periods as essential for assessing employee performance and ensuring individuals are assets to the government. It aligns with previous guidance on measuring performance to determine retention. However, the plaintiffs challenging the firings argue that this guidance lacks a legal basis.

The ongoing legal battle is set for another hearing on March 13. The situation underscores the complexities and legalities surrounding probationary terminations in federal agencies, emphasizing the need for clear directives and adherence to legal statutes in personnel actions.