Commerce Seeks to Make it Easier to Fire Probationary Employees

Commerce Department employees on probation will automatically be fired at the end of their trial periods unless senior political leaders allow them to stay, according to interim guidance from the agency’s acting human resources chief.

The July 1 memo, obtained Monday by Bloomberg Government, would apply to employees at the National Oceanic and Atmospheric Administration, a Commerce agency that includes the National Weather Service. The policy, based on an April executive order from President Donald Trump, was sent more broadly to NOAA employees on Monday, days after deadly flash floods ripped through Texas over the weekend.

The National Weather Service issued warnings before the July 4 flash flooding from the Guadalupe River in Texas Hill Country. Whether personnel departures at NOAA and NWS, have or will, hurt the workforce’s ability to carry out its mission remains to be seen.

The Trump administration has sought deep funding and personnel cuts at several federal agencies, including NOAA and NWS, over the past six months. NOAA will be under intense scrutiny as lawmakers and the public assess the government’s role in preparing for and responding to the Texas disaster. Neil Jacobs, Trump’s nominee to lead NOAA, is scheduled to testify Wednesday before the Senate Commerce, Science and Transportation Committee, which Texas Republican Ted Cruz leads.

Spokespeople from Commerce and NOAA didn’t immediately respond to questions about the policy, or the effects of staffing on the department’s ability to carry out its mission.

The interim guidance makes it easier to terminate probationary employees and takes effect July 23. Under the new policy, managers must make the case to senior leaders, including Senior Executive Service officials as well as senior political appointees, that keeping employees past their probation period “certifies that finalizing his/her appointment advances the public interest,” according to the memo from Travis Hoadley, Commerce’s acting chief human capital officer and human resources director.

A source provided the memo to Bloomberg Government on the condition of anonymity due to fear of reprisal. According to the recipient description in the email, it was sent to all NOAA employees.

“Previously, employees completed their probationary or trial periods automatically and continued their federal service without the need for DOC intervention,” the memo added.

Probationary employees’ managers must submit a written justification to the “deciding official” at least 60 days before the end of the employee’s probationary or trial period. The deciding official, with the agreement of senior political leaders, then has 30 days before the temporary term is up to keep or let go of a probationary employee.

Principal human resources officials must provide a list of all employees whose initial probationary or trial periods end on or after July 23 to the department’s human resources office by July 11. The Commerce guidance is based on a June 24 final rule published by the Office of Personnel Management in the Federal Register.