Dear Bureaupat,
I was hired by the Mine Safety and Health Administration on 03/18/2007 as an enforcement agent/inspector on a 2-year probation period. During my tenure, the agency took action to terminate my employment based on complaints from angry organizations I was attempting to regulate. It was made official on 03/16/2009. Now I'm trying to figure out where I stand. Any information you can provide would be very helpful. Thank you.
Dear Inspector,
For managers and supervisors, the probation period is one of the government's secret tools for removing new employees faster than Rod Blagojevich can say something stupid, and with very little oversight.
Most federal employees spend a year on probation after being hired, and the rules for job tryouts make it relatively easy for managers to weed out poor performers or problem workers and show them the door during this period.
At the Department of Labor, it is not uncommon for supervisors to require a one (1) year probationary period, or a two (2) year trial period. This should have been clearly documented on your SF-50, Notification of Personnel Action. If it was not, or if the trial period expired before your work did there, you may have some room for disputing.
The probationary period is really the final and most important step in the selection process. It affords the supervisor an opportunity to evaluate the employee's performance and conduct on the job, and to remove the person without due process, if necessary. Typically, you can seek relief through the Merit Systems Protection Board (MSPB) if your employer removed you for either marital status and/or political affiliation. The Board also has responsibility for hearing and adjudicating appeals by federal employees of adverse personnel actions, such as removals, suspensions, and demotions. It resolves cases involving re-employment rights, the denial of periodic step increases in pay, actions against administrative law judges, charges of merit-system violations, and prohibited personnel practices, including charges in connection with whistle-blowing (i.e., the reporting of illegal acts).
Due to the cost of litigation, federal agencies typically will not make hasty decisions since federal agencies may be ordered to reinstate people in their jobs and give them back pay and benefits.
Regarding your situation, I would contact your human resource office immediately to determine your rights, or meet with your local equal employment office (EEO) to discuss your options. If you are part of a employee union, contact your union steward. Remember, you still have rights and due process!
The Only,
- Bureaupat
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