President Trump has vowed to overhaul the Federal Emergency Management Agency (FEMA) during his second term. His pick for Homeland Security Secretary, former South Dakota Governor Kristi Noem, has also stated that she intends to “get rid of FEMA the way it exists today.” Already, more than 200 FEMA employees have been fired, and, based on what we know currently, it appears that this could be just the beginning of the administration’s efforts to dismantle the agency.
What do you need to know if you work for the Federal Emergency Management Agency—or if you have recently been terminated from your employment with FEMA? Here are some important facts about federal employees’ legal rights:
Understanding Your Rights: Probationary vs. Non-Probationary Federal Employees
Your rights as a FEMA employee depend, in part, on whether you are still in your federal probationary period. Under federal law, probationary employees are entitled to fewer protections than their non-probationary counterparts. However, protections still apply, as discussed in a recent filing submitted to the Merit Systems Protection Board (MSPB) by the U.S. Office of Special Counsel (OSC).
The OSC’s filing, submitted on February 21, 2025, challenges the Department of Veterans Affairs’ termination of a probationary employee. In its filing, the OSC writes:
“In most cases, probationary employees in the competitive service may only be terminated if their performance or conduct demonstrates that they are unfit for federal employment. If agencies wish to terminate probationary employees not for performance or conduct, but as part of a general restructuring or downsizing, they must initiate a reduction in force (RIF) and follow the relevant procedures for that process.”
As the OSC goes on to explain, these procedures are not “technicalities” but instead “implicate federal employees’ substantive and procedural rights.”
While the OSC’s filing pertains to a VA employee specifically, these are the general rules that apply to the termination of probationary employees across the federal government—including probationary employees of FEMA. The OSC argues that the VA’s termination of a probationary employee in support of the second Trump Administration’s agenda violates several provisions of 5 U.S.C. Section 2301 (which establishes “prohibited personnel practices,” or “PPPs”), including:
- The requirement for selection and advancement of probationary employees to be based solely on “relative ability, knowledge, and skills;”
- The requirement for federal agencies to provide “fair and equitable treatment” with due regard for employees’ constitutional rights;
- The requirement for the federal workforce to be used “efficiently and effectively;”
- The requirement for probationary employees to be retained “on the basis of the adequacy of their performance;” and,
- The prohibition against “arbitrary action” pertaining to federal employment.
Probationary federal employees are also entitled to protections against discrimination (including political discrimination) and various other PPPs. When federal employees believe that their agency (or former agency) has violated their legal rights, they can seek reinstatement or other remedies by filing a complaint with the OSC or through other appropriate legal means.
Non-probationary FEMA employees are entitled to even greater protections under federal law. Broadly speaking, non-probationary employees can challenge the termination of their federal employment on the following grounds:
- Unjustified Accusations of Misconduct or Poor Performance – Misconduct and poor performance are the two primary grounds for terminating non-probationary federal employees. However, federal agencies (including FEMA) cannot simply allege misconduct or poor performance and then move forward with removing an employee from their workforce. Documentation is required, and this documentation must clearly demonstrate that removal is warranted under federal law.
- Discriminatory Termination – Federal employees are entitled to protections against discrimination in all aspects of their employment—including decisions regarding termination. If your termination was discriminatory (including if it was based on your political beliefs), you have clear legal rights, and you should consult with a federal employment lawyer promptly.
- Retaliatory Termination – Retaliatory terminations are prohibited under federal law as well. This includes terminations based on federal employees’ decisions to assert their legal rights, stand up for their coworkers’ legal rights, or report violations of the law.
- Violations of PPPs or Merit System Principles (MSPs) – In addition to prohibited personnel practices (PPPs), violations of the federal Merit System Principles (MSPs) can also justify claims for wrongful termination from the federal workforce. The MSPs cover issues including (but not limited to) equity, conduct, utilization, retention, neutrality and the public interest.
- Violations of Due Process – Non-probationary federal employees (including FEMA employees) are entitled to due process prior to removal. If the federal government violates your right to due process, this can warrant a wrongful termination claim even if your removal would have been justified on misconduct or poor performance grounds.
To be clear, this is just a very brief introduction to the differences between probationary and non-probationary federal employees’ rights. The federal employment system is extremely complex—and, while this complexity creates challenges, it is also part of what helps ensure that federal employees are not subject to arbitrary, discriminatory or retaliatory firings. If you need to know more about your legal rights as a current or former FEMA employee, you should consult with an experienced federal employment lawyer who can provide advice that is custom-tailored to your specific circumstances.
Understanding Your Rights: Individual Federal Employee Terminations vs. Federal Reductions in Force (RIFs)
As noted in the quote from the OSC’s MSPB filing above, federal reductions in force (RIFs) are subject to strict substantive and procedural requirements as well. While RIFs differ from individual federal employee terminations in many respects, many important protections still apply. If you are at risk of losing your job in a FEMA reduction in force—or if you have lost your job in a FEMA reduction in force—we strongly recommend speaking with a federal employment lawyer about your legal rights in this scenario as well.
Schedule a Free and Confidential Consultation with a Federal Employment Lawyer at Bell Law Group
Do you need to know more about your legal rights as a current or former FEMA employee? If so, our federal employment lawyers are here to help. To schedule a free and confidential consultation at Bell Law Group, give us a call at 516-280-3008 or request an appointment online today.
