Across agencies, the mix of budget cuts, staffing limits, and political tension has created a level of uncertainty that’s hard to ignore. For many Feds, the idea of getting laid off or removed — once unthinkable — is starting to feel a little too close to home.
Understanding your employment status and rights is essential if you’re worried about job security or already facing termination.
Not all federal jobs are the same. Probationary employees, typically within their first year of service, have fewer protections than career employees, who have completed probation and earned federal employee due process rights. That distinction can significantly impact what happens if you’re let go — and whether it’s legal.
Due Process Rights — What the Law Says About Firing Federal Employees
The Civil Service Reform Act provides strong legal protections for career federal employees. Once you’ve completed your probationary period, you can’t be fired on a whim. Under civil service rules, agencies must justify firing a career employee. That means they need a specific reason — usually tied to performance or conduct — and must follow set procedures.
The employee must:
- Receive written notice
- Be given a chance to respond
- Get a final decision in writing
- Have the opportunity to appeal through the Merit Systems Protection Board(MSPB)
These protections are in place to ensure career Feds aren’t removed without due process. That means they must provide clear documentation and justification for your removal.
Probationary employees don’t have the same level of due process, but that doesn’t mean they’re without recourse. You can’t be terminated for discriminatory reasons or because you exercised a legal right (like filing a whistleblower complaint or engaging in protected union activity). If you suspect your firing involves a prohibited personnel practice, you may still be able to challenge it.
The MSPB is the primary forum for appealing unjust removals. Even with delays — often worse during political transitions or when the system is backed up — the MSPB appeal process for termination is still a key path for employees trying to fight back and protect their federal jobs.
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What To Do If You’re Facing Termination or Already Received a Notice
If you’ve been notified of a proposed removal, don’t panic — but don’t wait.
- Document everything.Save emails, write down conversations, and keep copies of any notices or performance reviews.
- Act quickly.MSPB appeals typically have strict deadlines — usually 30 days from the effective date of removal.
- Know your rights as a whistleblower.If your firing is politically motivated or in retaliation for protected disclosures, you may have special protections under the Whistleblower Protection Act.
- Consult legal help.An attorney or expert familiar with the federal system can guide you through appeals or negotiate settlements.
Planning for the Unexpected — Even If You Win Your Case
Terminations — even if reversed — can cause real financial strain. Now is the time to:
- Tap emergency savings or TSP hardship withdrawals
- Prioritize essential debts (like mortgage or federal student loans) to protect your credit and stability.
- Reassess your federal benefits, including health insurance and life coverage.
- Evaluate your pension projections and how a gap might affect your retirement timeline.
Working with a CERTIFIED FINANCIAL PLANNER™ (CFP®) — especially one who understands the federal system — can help you create a contingency plan without fear or panic. Certain Feds may also find that building a plan in advance offers more peace of mind if the unexpected happens.
Reach out to the team at Serving Those Who Serve at [email protected] to explore your options and start building your strategy — wherever you are in your federal career.
The information has been obtained from sources considered reliable but we do not guarantee that the foregoing material is accurate or complete. Any opinions are those of Serving Those Who Serve writers and not necessarily those of RJFS or Raymond James. Any information is not a complete summary or statement of all available data necessary for making an investment decision and does not constitute a recommendation. Investing involves risk and you may incur a profit or loss regardless of strategy suggested. Every investor’s situation is unique and you should consider your investment goals, risk tolerance, and time horizon before making any investment or financial decision. Prior to making an investment decision, please consult with your financial advisor about your individual situation. While we are familiar with the tax provisions of the issues presented herein, as Financial Advisors of RJFS, we are not qualified to render advice on tax or legal matters. You should discuss tax or legal matters with the appropriate professional. **
