Yes. Federal employees are guaranteed levels of due process that other employees are not, which makes it more difficult to get fired as a federal employee. Even if your employer decides to fire you, you can appeal the removal action or otherwise fight the decision. This means all hiring (and firing) decisions are subject to third-party review.
The Lengthy Firing Process
Federal employees can only be fired for cause, whereas in other, at-will employment situations, employees can be fired for any reason or no reason at all – as long as the termination does not violate local, state, or federal employment laws.
For each “cause,” of termination, the federal agency in question – and the United States Office of Personnel Management (OPM) – has a step-by-step action plan. As such, federal employees rarely get fired without notice.
If you were to get fired for poor performance, for instance, you would first be presented with a negative performance review, then you would be put on a performance improvement plan (PIP), and you would only be fired if you failed to improve.
At the end of all of this, you would still be able to appeal your employer’s decision to the Merit Systems Protection Board (MSPB) or ask your union for help. For these reasons, government agencies sometimes keep poorly performing employees simply because they do not want to deal with the hassle of termination.
Misconduct Cases Move Faster
If an employee does something wrong, however, the termination may be faster. For example, a federal employee with an ethics violation may be removed quickly to avoid scandal. Still, the employee will have the right to appeal or file a grievance.
Say a federal employee gets fired for stealing or wasting office supplies. That same employee could appeal the decision or argue that it was discriminatory.
Because of the potential for disagreement, termination is the last resort for federal employers. Employees may receive a letter of reprimand or be subject to other disciplinary actions before getting fired. If all else fails, an employer may even agree to wipe any wrongdoing from the employee’s records in exchange for a resignation.
Although it is not impossible to fire a federal employee, it is notoriously difficult. Nevertheless, the process for firing a federal employee moves faster with more serious infractions.
Approximately 12 Federal Employees Get Fired Every Day
Federal employees can and do get fired, even if the process is usually long and difficult. Nearly 12 federal employees are terminated every day.
Fortunately, termination rarely comes “out of the blue,” so if you are a federal employee who is worried about your job, you will have ample time to protect your career.
If you are facing termination or another adverse action, put The Law Firm of John P. Mahoney, Esq., Attorneys at Law, PLLC on your side.
We have been representing federal employees for 30 years, and we can defend your rights and your career.
Whether you need to avoid or appeal a termination, we are here for you at (202) 350-3881 or online, so please do not hesitate to call or click today.
FAQs
Federal employees can and do get fired, even if the process is usually long and difficult. Nearly 12 federal employees are terminated every day. Fortunately, termination rarely comes “out of the blue,” so if you are a federal employee who is worried about your job, you will have ample time to protect your career.
How hard is it to get fired from a federal job? ›
Is It Hard to Get Fired from a Government Job? Firing a federal employee is significantly more difficult than firing an employee in the private sector. Whereas private sector employers can often fire their employees without any cause whatsoever, federal employers must abide by federal law and regulations.
What is the #1 reason that employees get fired? ›
Failing to perform the job for which one was hired
Unsatisfactory performance is the primary reason why most employees get fired. Such a reason encompasses a number of specific things that can cause an individual to lose his job.
Is it better to resign or be fired from the federal government? ›
Most people see resignation from a federal job as a much less severe action than removal. Therefore, resigning can maintain the integrity of your employment record. In addition, when you resign, you can give notice and prepare for your departure. This can help you leave on good terms with your employer.
How many federal employees get fired? ›
Indeed, more than two dozen federal employees are fired every day, on average. The number of feds removed for performance or conduct hovers around 10,000 individuals annually, according to OPM statistics. Still, the government firing rate in 2013 was 0.47 percent.
Do federal employees ever get fired? ›
Federal employes can be fired and it happens more frequently than most people think. The thing that makes people think that federal employees are hard to fire it that there is a process that has to be followed to do it.
How long does it take to terminate a federal employee? ›
The employee will receive written notice of the proposed removal at least 30 calendars days before they are to be fired. The reasons for the removal will be provided in this notice. 2. The employee will have at least seven days to provide a written or oral response to the notice of proposed removal.
What to do immediately after being fired? ›
6 Top Tips for Surviving a Firing
- Grieve.
- Take a break from social media.
- Don't rush into a new job.
- Lean on your network for support.
- Rebuild your self confidence.
- Work out and take time for yourself.
Typically, you give one verbal warning and two written warnings (one initial and one final) before dismissing them. However, in cases of severe or gross misconduct, you may dismiss the employee without prior warning.
How long does it take HR to fire someone? ›
Firing someone should take less than 10 minutes. That's right: A typical separation should take no more than 10 minutes tops.
Can You Lose Your Federal Retirement Benefits If You Are Fired? Generally speaking, your retirement benefits should be safe. For most federal employees, retirement benefits cannot be ended due to basic disciplinary proceedings or if you are fired. This is assuming your retirement is already vested.
How does a federal employee get fired? ›
The Three Types of Termination for a Federal Employee
The main types of termination for a federal employee include reduction in force or RIF, resignation or retirement, and removal for cause. A RIF occurs when an agency must downsize due to reorganization or a lack of funding.
Can you lose your federal pension if you get fired? ›
Do Federal Employees Lose Their Retirement If They're Fired? The short answer is no. Unfortunately, the misconception that you can lose your federal retirement if fired persists even among federal employees.
What is considered misconduct for a federal employee? ›
Generally, misconduct is an intentional act by an employee that breaks a rule, norm, policy, or regulation within the federal government. As you might imagine, there are a plethora of rules and regulations that apply to you at any one time.
What percentage of federal employees retire? ›
Government-wide attrition rate (FY 2015-2021)
The attrition rate in fiscal 2021 was 6.1 percent and the retirement rate was 3.2 percent.
Who are the largest federal employers? ›
Federal employees by agency
Most federal agencies, and therefore employees, are under the federal executive branch. Federal offices with the most personnel in 2022 were Defense-Military Programs (772,300), the Department of Veterans Affairs (411,600), and the Department of Homeland Security (202,800).
What happens when you get fired from the federal government? ›
Third, removal from the federal job sector will significantly blacken your reputation, significantly limiting your future employment prospects. Finally, your ability to be rehired into the federal service may be limited depending on the circ*mstances of your termination.
What are the odds of getting fired? ›
There are several key reasons why people might lose their jobs, and it's essential for both workers and companies to understand these to keep jobs secure and businesses running smoothly. A survey by Airtasker reveals that around 32% of people got fired from a job in their lifetime due to multiple reasons.
