The Internal Revenue Service (IRS) violated its own procedures when it terminated more than 7,000 probationary employees this year, including some who performed critical services, Treasury’s inspector general said in a report last week.
“Termination letters cited performance as a reason for termination; however, the IRS did not consider individual performance when deciding which employees to terminate,” TIGTA concluded. The watchdog noted that some employees marked “Outstanding” were told their jobs were being cut.
The watchdog also found that the IRS failed to properly account for mission-critical roles when deciding which probationary employees to spare from termination, and later tried to rehire some workers who had been mistakenly let go.
The February terminations immediately drew legal challenges. Federal courts in California and Maryland ordered the IRS to reinstate the employees by March, and the Treasury later directed that all 7,315 be returned to full work status in May. More than half subsequently resigned or took voluntary exit offers, TIGTA said.
IRS officials informed TIGTA that they processed the February-March probationary terminations under guidance from the Office of Personnel Management (OPM) and Treasury direction issued on Jan. 20. They said the language in the termination letters was provided by OPM/Treasury, and IRS was not permitted to make substantive changes.
The Epoch Times has reached out to the IRS for comment on the report, which landed as the legal battle over the firings played out in federal court.
Two judges on the panel questioned whether the case belonged in federal court at all.
Circuit Judge Lawrence VanDyke called it “weird” that the unions sued OPM instead of challenging the individual firings at the Merit Systems Protection Board. “There’s a problem here,” he said. “It seems to be circumventing an agency process and it’s doing it by grabbing hold of an agency that never fired anybody.”
Circuit Judge Daniel Bress similarly suggested unions should have pursued the employing agencies directly. “You don’t need OPM to be a defendant or a party in that process in order to be able to achieve that result,” Bress said.
Union attorney Danielle Leonard countered that OPM had unlawfully created a new rule redefining when probationary workers can be fired without the process required by law.
Judge Morgan Christen noted that “the defendants are the employing agencies” in board cases, but said the unions’ claim is that “OPM acted outside its authority.”
The case, which remains unresolved, underscores the unsettled status of thousands of probationary employees across government.
While the Supreme Court in April stayed an earlier order requiring reinstatement, many workers had already been temporarily brought back but placed on administrative leave, or have since left through voluntary exit programs.







