Federal Employees: What You Need to Know if You Are Facing Removal in 2025

If you are facing removal from the federal workforce in 2025, you are not alone. Numerous federal employees—from new hires to career civil servants—are facing removal for a variety of reasons. But, while some of these reasons are lawful, others are not. If you have questions about the legality of your proposed removal, you will want to speak with an experienced Georgia federal employment discrimination lawyer as soon as possible.

5 Key Facts for Federal Employees Facing Removal in 2025

What do you need to know if you have received a notice of proposed removal? Here are five key facts for federal employees in Georgia and nationwide:

1. Your Current Federal Employment Status Matters

The first thing you need to know is that your current federal employment status matters. If you are still in your probationary period, you can generally face removal for any lawful reason. However, if you have moved past your probationary period, additional protections apply. Generally speaking, non-probationary federal employees can only face removal due to:

• Poor performance; or,
• Misconduct.

Both of these have specific definitions and parameters, and federal agencies must be able to affirmatively demonstrate that removal is warranted. Before removing employees for poor performance or misconduct, federal agencies must generally provide advance notice and afford due process as well.

An important concept for both probationary and non-probationary federal employees to keep in mind is the concept of a “pretext.” Even if a federal agency has a lawful justification for pursuing removal, it cannot pursue removal on a discriminatory basis. In this scenario, the lawful justification is classified as a pretext, and it does not legitimize a discriminatory firing.

2. Once You Receive a Notice of Proposed Removal, You Need to Act Promptly

Regardless of whether your proposed removal is lawful, once you receive a notice of proposed removal, the clock starts ticking. As a result, it is imperative that you take action promptly. Upon receiving a notice of proposed removal, you should:

• Carefully review the notice to determine why you are facing removal and what deadlines apply; and,
• Contact an experienced Georgia federal employment discrimination lawyer who can guide you through your next steps.

What can a Georgia federal employment discrimination lawyer do to help? If you are facing removal from your federal employment, a lawyer who has relevant experience should be able to:

• Further assess why you are facing removal and work with you to examine the validity of the grounds stated in your notice;
• Investigate as warranted to determine whether the stated grounds are a pretext for a discriminatory proposed removal;
• Determine if you have other grounds to challenge your removal and protect your federal employment;
• Respond to the notice on your behalf and communicate with your federal agency throughout the proposed removal process; and,
• Protect your legal rights and preserve arguments and evidence during the proposed removal process so that you can file a formal appeal if necessary.

Even these are just examples. The federal removal process is complex, and while all federal employees have clear legal rights when it comes to facing removal, understanding and enforcing your legal rights can be challenging. An experienced Georgia federal employment discrimination lawyer will be able to help you make informed decisions throughout the process and protect your legal rights as a federal employee by all means available.

3. You Have the Right to Access All of the Information You Need

One of the challenges you can face as a federal employee is gaining access to the information you need to prove that your proposed removal is discriminatory or unlawful for other reasons. However, the law is clear: When you are facing removal, you have the right to respond to the accusations against you—and this includes responding by asserting allegations of impropriety against your agency or supervisor, if warranted.

This also means that you have the right to access all of the information you need to protect yourself. When you hire a Georgia federal employment discrimination lawyer to represent you, your lawyer can use the available legal mechanisms and procedures to gather the evidence needed to dispute the stated grounds for your proposed removal.

4. You Have the Right to Legal Representation Throughout the Removal Process

This brings us to our next key fact: You have the right to legal representation throughout the removal process. Facing removal is not a time to take chances. You need to ensure that you are making informed decisions based on sound legal advice, and this means that you need to work closely with an experienced lawyer who has your best interests in mind.

Beyond helping you understand your legal rights and options, your lawyer can also deal with the federal government on your behalf. We regularly represent federal employees who are facing removal, and we can deal with your federal agency, the Merit Systems Protection Board (MSPB), the Equal Employment Opportunity Commission (EEOC) and other federal authorities on your behalf as necessary.

5. While Some Proposed Removals Are Justified, Many Are Not

Finally, as we said in the introduction, while some proposed removals are justified, many are not. If you are facing removal from the federal workforce in 2025, you should not assume that your proposed removal is justified. The unfortunate reality is that many federal employees are forced to fight to protect their jobs when they shouldn’t be, and many federal employees lose their jobs simply because they don’t know how to assert their legal rights effectively.

Schedule a Call with a Georgia Federal Employment Discrimination Lawyer

Are you facing removal from the federal workforce in 2025? If so, we strongly encourage you to contact us for more information about how we may be able to help you. To discuss your notice of proposed removal with an experienced Georgia federal employment discrimination lawyer at The Law Firm of J.W. Stafford in confidence, please call 410-514-6099 or tell us how we can contact you online today.