On February 20th and February 25th, 2025, Federal Practice Group hosted a webinar titled Your Rights as a Terminated Misclassified Probationary Employee. Led by Debra D’Agostino, the discussion provided essential legal guidance for federal employees who have been wrongly classified as probationary and terminated without due process.
This issue has impacted thousands of federal employees, many of whom were misclassified and denied Merit Systems Protection Board (MSPB) appeal rights. In the webinar, D’Agostino outlined the legal avenues available for employees seeking reinstatement and back pay.
If you missed either session, you can watch the full webinar on YouTube (link below).
Understanding Probationary Employees vs. Career Employees
Many federal employees who were recently terminated were told they were still in their probationary period. However, this classification was incorrect for many.
Probationary employees have limited appeal rights, typically only for terminations involving discrimination, political retaliation, or pre-employment conditions. Career employees, or those who have completed their probationary period, have the right to due process, which includes written notice, an opportunity to respond, and the ability to appeal to the MSPB.
This distinction is crucial because misclassified employees may have been unlawfully stripped of their legal protections.
How to Determine If You Were Misclassified
If you were terminated and believe you were wrongly classified as a probationary employee, reviewing your SF-50 personnel record is essential. This document determines your employment status and appeal eligibility.
Key steps include:
- Reviewing your service computation date to determine total federal time served.
- Confirming whether you were in the competitive or excepted service.
- Checking for prior federal service that could count toward your probationary period.
For guidance on how to locate and read your SF-50, visit USAJOBS: How to Find and Understand Your SF-50.
Misclassification is a widespread issue, and failing to challenge it could result in a missed opportunity for reinstatement.
Legal Options for Wrongfully Terminated Federal Employees
The webinar outlined multiple legal options for misclassified probationary employees seeking reinstatement and back pay.
Filing an MSPB Appeal
The Merit Systems Protection Board (MSPB) protects career federal employees from unjust terminations. If you were wrongfully classified as a probationary employee, you may be eligible to appeal your termination and seek reinstatement with back pay.
The MSPB appeal process includes:
- Filing an appeal within 30 days of termination.
- Providing documentation that proves you should have been classified as a career employee, such as SF-50 records and prior service history.
- Demonstrating a lack of due process in the termination, such as failing to receive notice or an opportunity to respond.
One critical point Debra D’Agostino mentioned in the webinar is that attorney fees can be recovered as part of MSPB relief. If an employee wins their appeal, the agency may be required to cover legal fees in addition to reinstating employment and providing back pay. This means that cost concerns should not deter federal employees from pursuing an MSPB appeal if they were wrongfully terminated.
If you believe you were misclassified and terminated unfairly, consulting an experienced federal employment attorney can help ensure you take the correct legal steps.
Filing a Complaint with the Office of Special Counsel (OSC)
The Office of Special Counsel (OSC) investigates prohibited personnel practices, including wrongful terminations based on:
- Political affiliation or perceived bias.
- Whistleblower retaliation.
Recently, the OSC has intervened in cases where federal probationary employees were improperly terminated, offering a pathway for some employees to challenge their removal.
Exploring Additional Legal Avenues
Some employees may have grounds for additional claims:
- Equal Employment Opportunity (EEO) Complaints – If termination was linked to discrimination (race, gender, disability, etc.), an EEO complaint may be an option.
- Union Grievances – Some federal unions have filed grievances over misclassified terminations, which may benefit impacted employees.
- Administrative Appeals – Certain agencies have internal grievance procedures for challenging terminations.
Each case is unique, so consulting with an experienced federal employment attorney is crucial.
What Should Terminated Federal Employees Do Next?
If you believe you were wrongfully terminated due to misclassification, take action immediately:
- Request a copy of your SF-50 and review your employment status.
- Gather supporting documents such as prior service records, performance reviews, and termination notices.
- File an MSPB appeal or OSC complaint before key deadlines expire.
- Consult a federal employment attorney to evaluate your legal options.
Since deadlines for appeals are strict, timely action is critical.
Contact Us for a Consultation
If you were terminated due to a misclassification as a probationary employee, you may have the right to appeal and seek reinstatement. Our attorneys have extensive experience representing federal employees in wrongful termination cases.
Contact us today to schedule a consultation.
Fill out our client intake form to get started.
Watch the Full Webinar for Expert Legal Insights
Watch the full webinar on YouTube for Debra D’Agostino’s expert breakdown of:
- Probationary vs. career federal employee rights.
- The MSPB and OSC appeal process.
- Steps to challenge a wrongful termination.
If you are a federal employee facing termination or career uncertainty, Federal Practice Group is here to help.