Federal workers say firing process is a sloppy mess

Axios

25-02-2025

The White House's latest moves to purge the civil service came late Tuesday via an executive order and an email blast to workers letting them know they were fired.
Why it matters: Legal experts say the moves are likely unlawful, workers complain they were sloppily handled, and the whole process runs the risk of doing long-term damage to critical workings of the federal government.
The big picture: There's a standard playbook for how to do hiring, firing and cuts in the federal government, which is more restrictive than in the private sector, in order to protect the civil service from corruption and politicization. Presidents can also go to Congress to authorize cuts and other actions.
The Trump administration isn't going that route. Instead, the White House appears to be moving toward the vision laid out in Project 2025, where the president is in total control of the bureaucracy, and can no longer be "thwarted" by "byzantine personnel rules."
"This is part of a maximalist view of presidential power," said David Super, a professor at Georgetown Law, whose research focuses on administrative law.
For the record: "As President Trump has said many times, he had nothing to do with Project 2025," Harrison Fields, White House deputy press secretary, said in an email to Axios.
Catch up quick: At around the same time Trump's order was announced, workers at the Consumer Financial Protection Bureau and Small Business Administration received layoff notices.
Workers who were fired appear to be contract workers or "probationary" employees, meaning they were recent hires, usually brought on within the last year, and are more easily let go (though there are rules around that process too).
On Wednesday the push intensified, with an email sent to staff at the Office of Personnel Management saying widespread layoffs had begun, the Washington Post reported.
By Wednesday evening the administration was hit with another lawsuit, this time from four unions representing federal workers and the AFL-CIO, over the "mass firings of hundreds of thousands of employees."
Between the lines: Federal workers tell Axios they were surprised by how sloppy the process was.
One employee at the CFPB said they received what was clearly a form letter, but when viewed on their phone, the formatting didn't work.
The attachment came through addressed to "[EmployeeFirstName,] [EmployeeLastName,]" instead of their actual name. Wired first reported on this glitch.
A worker at the SBA received two different firing emails with attachments, both viewed by Axios, each with a different reason they were being let go.
The first one said they were being let go because "you have failed to demonstrate fitness for continued federal employment."
The second one hedged on the reason: "[Y]ou are not fit for continued employment because your ability, knowledge and skills do not fit the Agency's current needs and/or your performance has not been adequate to justify further employment at the agency."
Other SBA workers received firing notices, then were told that was a mistake, and then received another notice that they were being let go, Bloomberg reported.
Zoom in: Agency heads were also told in the Tuesday order that for each person hired into their department, they must cut four workers.
The process here is very "crudely" done and likely violates federal statutes, Super, the law professor, said: "This is an example of them demonstrably thumbing their nose at the laws of the United States."
Elon Musk's Department of Government Efficiency is given enormous power in the White House order, which says hiring decisions should be made in consultation with his task force.
What they're saying:"Every action taken by the Trump-Vance administration is fully legal and compliant with federal law," Fields, the deputy press secretary, said in his statement.
"Any legal challenge against it is nothing more than an attempt to undermine the will of the American people, who overwhelming elected President Trump to secure the border, revitalize the economy, and restore common-sense policies."
How it works: There is a standard procedure for conducting layoffs of the civil service, called reductions in force, or RIFs.
The memo does use that language, saying agency heads will be required to "promptly undertake preparations to initiate large-scale reductions in force," consistent with applicable laws.
Typically, however, agencies develop a plan and conduct layoffs based on seniority, qualifications and performance ratings. And they're not handled on such a broad, sweeping basis. The CFPB worker who was fired told Axios they'd recently gotten an excellent performance review.
RIFs also require that workers get 60 days advance notice of the layoff, as the Wall Street Journal reported.
"Employees cannot be fired immediately during a reduction-in-force," according to a message from the National Treasury Employees Union to members Tuesday evening, viewed by Axios.
"Agency heads are required to take several procedural steps before acting on the president's directive. And we will be here beside you fighting each step of the way," it said.
What to watch: It's likely the firings and the executive order will be challenged in court, adding to the long list of pending cases against the administration.
Are you a federal employee with a tip? You can reach Emily Peck confidentially on Signal @emilyrpeck.71.