The firing of a probationary period federal employee is going to be the difference
in your analysis.
A wrong or false reason likely is not even an issue.
Significant difference to status between probationary and permanent classification. Dead Sea v Atlantic Ocean gaps.
That’s an interesting point, and as I’ve said, I have no experience with federal labor laws.
According to ChatGPT, OP’s prior tenure should not be erased by a probationary period associated with a promotion, but I’d consult with a labor lawyer to be sure.
AI Alert:
In general, if a long-term federal employee receives a promotion that requires a probationary period, their status depends on the circumstances of their employment.
1. Retention of Career Tenure:
• If the employee was already a career (tenured) employee before the promotion, they retain their career status even while serving a probationary period in the new position.
• This means that if they are removed from the new position during probation, they typically have the right to return to their previous position or a similar one rather than being fully laid off.
2. Reduction in Force (RIF) Protections:
• During a Reduction in Force (RIF) (e.g., layoffs due to budget cuts), career employees retain their competitive status and seniority from their prior position.
• If the employee is in probation for the new role, their status in a RIF scenario will still be based on their total federal service time and previous tenure.
• However, if their previous job was abolished, they may have fewer placement rights, depending on agency policies.
3. Adverse Action Protections:
• Probationary employees in a new role do not have the same appeal rights as a fully tenured employee if removed for performance reasons specific to the new role.
• However, if the removal is unrelated to their performance (e.g., misconduct, RIF), they may still have appeal rights through the Merit Systems Protection Board (MSPB) or union protections.
Key Takeaways:
• A long-term federal employee keeps their career tenure even while on probation for a new promotion.
• If removed during probation, they often have return rights to their prior grade/position.
• In a RIF scenario, their status depends on total federal service time, competitive status, and prior role protections.
• If they voluntarily switched job series, their return rights may be limited.
Would you like specifics on a particular federal agency or situation?
