The U.S. Department of Justice (DOJ) has empowered its division leaders with the authority to dismiss probationary employees based on their performance. This guidance, revealed in an email reviewed by Bloomberg Law, offers ambiguous cues about the compulsory nature of these potential terminations.
Initially, the jurisdiction to terminate employees lay with the attorney recruiting office’s director, but this responsibility has since been delegated to DOJ assistant attorneys general and other office chiefs. The directive indicates that while action is suggested, it is not mandatory for component heads to immediately terminate attorneys or law clerks. Instead, any decision should align with sound management practices and involve consultation with employment counsel.
This recent direction coincides with broader dismissals across various federal agencies. Notably, over 30,000 employees—primarily those still in their probationary period lacking strong job protections—have reportedly been dismissed since the tenure of President Donald Trump.
Adding complexity to the situation, the Merit Systems Protection Board recently ordered the temporary reinstatement of six probationary employees from other unspecified federal agencies. This was pending further inquiry into the legality of their termination under civil service law.
The strategic timing of the DOJ’s memo raises questions on its implications amidst ongoing scrutiny. The department, with an extensive workforce of 115,000, has previously witnessed changes involving personnel who investigated or prosecuted events associated with the Trump administration. These include the prosecution related to the January 6 insurrection, where termination threats loomed over those not advocating rigorously for the administration’s objectives.
The memo to DOJ leaders might indicate a shift, potentially leading to stricter employment reviews within the agency. The Office of Personnel Management had required departments across the federal government, including the DOJ, to list employees on probation—typically those hired in the past one to two years. Acting political appointees newly acquainted with their teams now face the challenge of evaluating these probationers’ performance with minimal prior interaction.
Furthermore, the nation’s 93 U.S. Attorneys have been instructed to assess probationary employees and measure their alignment with Trump administration priorities, such as national security and public safety. The mandate involved providing justification within two business days for retaining such employees.
While the DOJ’s memo certainly impacts internal management decisions, its broader consequences on agency operations and employee morale remain to be fully understood. These developments follow a dynamic trend in federal employment management, embodying the ongoing tension between political guidance and administrative execution.