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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116701
Experience:  20+ Years of Employment Law Experience
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I was terminated from Federal Employment 24 days prior to my

Customer Question

I was terminated from Federal Employment 24 days prior to my one year. This was on the 19th of September; the notice was dated 20 September. I was called into the office with another supervisor and given the notice. I was then told to return my CAC card and my door access badge. Never was I given any reasonable chance to respond in writing to the termination notice. Now I must file a show cause to the UNITED STATES OF AMERICA
MERIT SYSTEMS PROTECTION BOARD. Does the procedures required by 5 C.F.R. § 315.805, which the agency did not follow show cause for appeal, and why/how?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

A probationary employee has no real appeal rights other than those specified in 5 CFR 1201.3(a) which limits appeals of probationary employees to incidents and states that "Appealable issues are limited to a determination that the termination was motivated by partisan political reasons or marital status, and/or if the termination was based on a pre-appointment reason, whether the agency failed to take required procedures." If you cannot present evidence of one of those reasons, then legally a probationary employee is treated just like any other at will employee. An at will employee may be terminated for no reason at all or for any reason at all not based solely on the age/race/sex/disability/national origin and the employee has no recourse other than filing for unemployment benefits.

So you need to have evidence of one of the grounds in 5 CFR 1201.3(a) in order to have a viable appeal to the merit board.