Before Donald Trump became president, he was known for his catchphrase on a reality TV show: “You’re fired!”
As president, he is threatening to cut 50,000 federal positions. There will be federal employees whom he replaces as part of the usual political turnover, and others whom he will fire as retribution for being disloyal. But when it comes to firing most federal employees, it isn’t as easy as it appears on television. Federal employees are protected by a system that upholds accountability and fairness — values that cannot be undermined for political gain.
Every time a new administration takes office, the federal civil service system faces scrutiny, with calls to cut the federal workforce, relocate agencies or revoke telework privileges. President Trump, along with advisors like Elon Musk, are making drastic changes to the federal civil service. This includes elimination of entire federal agencies and the reinstatement of Schedule F, a federal employment category that strips many federal employees of their due process protections and makes it easier to fire them. However, dismantling the federal civil service system is not as straightforward as some may claim, and there are compelling reasons to defend it.
The federal civil service system exists to ensure that hiring and firing decisions are based on merit, not political favoritism. Legal and procedural standards, enforced by the U.S. Merit Systems Protection Board, require managers to provide a reason for taking disciplinary action, give employees the right to respond and mandate that decision-makers consider both sides before taking action against a federal employee. This system is crucial for maintaining fairness; it prevents arbitrary and unjust terminations.
Before this system was established, many new administrations fired their predecessors' civil servants and replaced them with donors and cronies. This practice led to instability and inefficiency within the federal government. To address this issue, Congress established merit-based hiring and firing procedures that apply to civil servants who are not political appointees, ensuring that government agencies are staffed with qualified individuals who can effectively serve the public.
Federal employees oversee essential functions like making sure that food is safe to eat, planes do not collide in mid-air, borders are protected and veterans are cared for. We don’t want these positions to be filled or vacated based on political whims. Additionally, 30 percent of the federal workforce is made up of veterans, as opposed to 5 percent of the general U.S. labor market. Removing these protections would disproportionately harm veterans who bring a wealth of experience and skill to the federal workforce and deserve fair treatment.
The merit-based system principles also ensure that federal employees can speak freely if they see something that is not being done correctly or in the interest of the country. This protection is vital for maintaining transparency and accountability within the federal government. Without these robust protections, employees may be hesitant to report wrongdoing, which could lead to corruption, inefficiency and/or danger to public health and safety.
Critics often claim that firing federal employees is nearly impossible. That’s not true. Poor-performing federal employees are removed quite often. When a federal employee’s performance is lacking, managers can issue a proposal to remove them and follow established procedures to affect their separation. In fact, nearly 6 percent of the federal workforce is fired or quits each year.
Other critics claim that federal employees comprising the “deep state” act on their own and ignore elected officials’ instructions. However, well-established rules and policies already prohibit insubordination and authorize termination of employment or other disciplinary action. Managers simply need to identify the behavior and follow the proper procedure for termination. It is not difficult to fire a federal employee for a legitimate reason.
Another common argument for reducing the federal workforce is cost savings. However, previous administrations that made large-scale reductions have frequently replaced civil servants with private sector contractors at higher costs to taxpayers. Contractors may also lack the institutional knowledge and continuity that federal employees bring, undermining the efficiency and stability of government operations.
Workplace protections like those currently held by federal employees are not at all unique in the United States; in fact, similar protections are enjoyed by workers across many industries. For example, union workers — both within and outside the federal workforce — enjoy due process protections, ensuring fair treatment and preventing arbitrary or unjust termination.
Like most federal employees, union members are typically entitled to notice of the reasons for any proposed disciplinary action and an opportunity to respond before management can impose discipline. In the same vein, many executives in the private sector have contracts that guarantee an opportunity to correct any performance problems before termination of employment. These protections ensure that employment decisions are made based on merit and that they adhere to established legal and procedural standards.
The federal civil service system is essential to maintaining a qualified, effective and accountable workforce. Fortunately, we live in a democracy, with principles of fairness and transparency that cannot be dismantled by any one person. While Trump can fire anyone on a reality show, this is the real world.
Alan Lescht, Esq., is the founder of the Washington, D.C.-based leading employment law firm, Alan Lescht and Associates, P.C., with over 30 years of experience representing federal employees nationwide.
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