What Is The Federal Employee Termination Process

Bonisiwe Shabane

-Oct 30, 2025, 11:35 PM

what is the federal employee termination process

Chief among federal employees’ worst-case scenarios is the prospect of removal from the federal service. While it’s undoubtedly scary to face removal, there are many ways to uphold your rights and save your federal career. In this article, we’ll cover the applicable federal employee termination procedures, what to expect, and how you can contest removal. For advice on your specific situation, reach out to Pines Federal to set up a consultation. Call our experienced MSPB lawyers at (832) 462-7655, or fill out our online contact form today. “I was issued a proposed removal letter at the VA where I work as a nurse, and I didn’t know what to do.

I was confused and disoriented. Pines Federal were ready to defend me to the end. This law firm is the best federal government firm out there. I will be spreading the news to my friends and coworkers…” Our information is written for federal employees and reviewed by attorneys highly-experienced in federal employment law. We follow strict internal standards to ensure everything we publish is reliable, transparent, and up to date.

Federal employee termination laws are in place to protect the rights of civil servants while also allowing the government to manage its workforce efficiently. As with any employer, the federal government can fire employees for subpar performance, company policy infractions, or disciplinary issues. However, special rules apply due to the unique nature of government work. Because federal employees are not private sector workers, they’re afforded protection against arbitrary or politically-motivated firings—their jobs allow them to carry out public business without fear of reprisal. Extensive documentation and a review process are therefore required for proposed removals to prevent abuses of power within the civil service system. Your employer must give you a 30-day notice and a chance to contest alleged misconduct before termination.

You can appeal to the MSPB, get representation, possibly be reinstated with back pay, and file complaints with the OSC for employment law violations. If you find yourself in this situation, reach out to a skilled federal employment attorney at The Law Office of Justin Schnitzer by calling 202-964-4878. We can provide guidance on your legal rights and explore the options available to you. Federal employee removal follows a formal legal process with specific procedural safeguards designed to protect an employee's due process rights. The federal government cannot terminate a non-probationary employee at will. Instead, it must adhere to a structured legal process outlined in federal regulations.

This system is designed to protect a federal employee’s property interest in their job by ensuring any disciplinary action is justified and that the employee has a meaningful opportunity to defend themselves. The process involves specific notices, a chance to respond, and rights to appeal an unfavorable decision. The formal removal process begins when an employee receives a “Notice of Proposed Removal.” This is not a final termination letter but the official start of the adverse action process. The notice is issued by a “Proposing Official,” a supervisor or manager with direct knowledge of the employee’s alleged misconduct or performance deficiencies. This document must be detailed and specific, providing the employee with a clear understanding of the case against them. Under regulations in 5 C.F.R.

Part 752, the notice must state the specific charges, such as “Insubordination,” and provide a narrative of the facts supporting each charge. The notice must also inform the employee of their right to review all the evidence the agency used to support its proposal, ensuring they can prepare a defense. The agency must provide at least 30 days of advance written notice before the proposed effective date of the removal. This period gives the employee sufficient time to review the evidence, seek representation, and prepare a response. Getting fired from any job can be a jarring experience, but the implications and processes involved in losing a federal position can be particularly complex. Federal employees often benefit from greater job security and comprehensive benefits, making the prospect of termination even more daunting.

This article outlines the steps and consequences of being terminated from federal employment, offering practical guidance for overcoming this challenging situation. Whether these are performance issues, misconduct, or other reasons, understanding the nuances of federal termination procedures is essential for anyone facing or anticipating such circumstances. Federal jobs are often sought for stability, impressive benefits, and perceived job security. However, federal employees are not immune to termination, and such events can occur under specific conditions that warrant disciplinary action or dismissal. Termination from federal employment generally falls into two categories: misconduct and performance issues. Federal agencies take such violations seriously, given the trust and responsibility placed on public servants.

Both scenarios are handled with formal procedures to ensure any termination decision is justified and lawful. This process is designed to protect employees’ rights while maintaining the integrity and efficiency of federal operations. Misconduct among federal employees encompasses a range of serious infractions that undermine the integrity and security of government operations. Examples of such misconduct include, but are not limited to, gross misuse of government resources, engaging in prohibited political activities, or breaches of confidential information. Such actions can severely damage the trust placed in public servants and may have wider implications for national security or public safety. Federal and state agencies have laws about how and when employees can be fired.

Follow these policies and your company guidelines to avoid wrongful termination claims. All states, except Montana, allow "at-will" employment. This means that an employer or employee can end the employment at any time, for any reason. However, the reason for termination cannot be illegal. This includes: At-will employment may not apply to everyone.

It does not include employees who work: These government resources can help you make sure you are following termination rules: Ask a real person any government-related question for free. They will get you the answer or let you know where to find it. Unlike many at-will jobs in the private sector, federal employees can only be fired for cause. Additionally, depending on the specific circumstances of a federal employee’s termination, there are particular processes that the agency they are employed by must follow.

Consequently, federal employees typically receive some sort of notice before being fired. Below we will review the difference between terminations based on performance and those based on misconduct. We also provide an overview of what you can do if you have been terminated unfairly or unjustly. The Office of Personnel Management (OPM) issues performance assessment regulations for the federal government. Additionally, they provide guidance on how a supervisor should document and notify employees of negative performance assessments. According to the OPM, employees “need to be notified of unacceptable performance,” and supervisors should not wait until annual appraisals to notify an employee that their performance is unacceptable.

Note: While the OPM regulates how unacceptable performance ratings are handled, each agency also has its own internal policies and procedures. These policies and procedures will further dictate how and when a supervisor should notify an employee of an unacceptable performance rating. In many cases, when a federal agency determines that an employee is not meeting performance requirements, it must provide the employee with the chance to rectify the situation and improve their performance. This opportunity for improvement is typically provided through the issuance of a Performance Improvement Plan (PIP). 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. 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. 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. The agency must give at least 30 days’ advance written notice stating the specific reasons for removal. The employee then has a minimum of 7 days to respond—in writing or orally—and the deciding official must consider that response before issuing a final written decision.

In workforce downsizing, the process shifts to a Reduction in Force (RIF), which follows separate rules and typically requires at least 60 days’ notice. Strict timelines and documentation requirements apply throughout. Our information is written for federal employees and reviewed by attorneys highly-experienced in federal employment law. We follow strict internal standards to ensure everything we publish is reliable, transparent, and up to date. The federal employee removal process is a complex and highly regulated procedure designed to protect the rights of government workers while allowing agencies to maintain an effective workforce. Unlike in the private sector, federal employees enjoy significant job protections that require agencies to follow specific steps before terminating employment.

This article will explore the intricacies of this process, providing valuable insights for federal employees facing potential termination. The federal employee removal process typically involves several stages, including notice of proposed removal, an opportunity for the employee to respond, and a final decision by the agency. This process can take several months and may involve appeals if the employee contests the termination. The process begins when an agency determines that an employee’s performance or conduct warrants termination. This decision is not made lightly and often follows a period of progressive discipline or attempts to improve the employee’s performance. It’s important to note that the burden of proof lies with the agency, which must demonstrate that the termination is justified and follows all required procedures.

A proposed removal begins with a written notice at least 30 days before the action, stating the specific charges and the evidence relied upon. The employee has the right to review the evidence, obtain representation, and submit a written and/or oral reply—generally with at least 7 days to respond. A deciding official (separate from the proposing official) must weigh the reply, mitigating circumstances, and the Douglas factors before issuing a decision. The final decision letter sets the outcome and effective date and explains appeal options (MSPB appeal, a negotiated grievance if covered by a union contract, or EEO routes when discrimination is alleged). Act quickly—missing response or appeal deadlines can forfeit important rights. Our information is written for federal employees and reviewed by attorneys highly-experienced in federal employment law.

What Is The Federal Employee Termination Process

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