Former Agency Insiders Explain What Really Works

Federal agencies rely on one myth to scare probationary employees into silence:

“You have no rights. If we remove you, that’s the end.”

That is false — and agencies know it.

At National Security Law Firm, our federal employment lawyers are former DHS, TSA, CBP, DOJ, Army JAG, DOE, and intelligence-community counsel. We know how agencies misuse the probationary period, cut corners, and violate mandatory procedures.
Now we use that insider knowledge to fight back and win for probationary employees nationwide.

For our full collection of federal employment guides, visit the Federal Employment Defense Hub.

Why Probationary Employees Need to Fight Back Immediately

Unlike career employees, probationary employees have rapid timelines and limited visibility into what the agency is doing behind the scenes.

When you are targeted during probation, the agency is almost always doing one of the following:

  • Trying to conceal discrimination or retaliation

  • Attempting to avoid due process obligations

  • Misusing the “trial period” to push out employees they personally dislike

  • Failing to follow internal performance and training procedures

  • Hiding behind “conduct” language to disguise unlawful motives

Your leverage is highest before the SF-50 is finalized — which is why immediate action is critical.

Step 1: Identify Whether the Agency’s Real Reason Is Illegal

Agencies often claim you are being removed for:

  • Poor performance

  • Failure to meet expectations

  • Lack of conduct

  • Not being a “good fit”

But the real reason is often one of these — and these reasons give you rights:

  • Discrimination (race, sex, pregnancy, age, disability, national origin, religion)

  • Retaliation for EEO activity

  • Retaliation for reporting misconduct

  • Whistleblower retaliation

  • Marital status

  • Political affiliation

  • Prior protected activity at another agency

Agencies hide these motives because they know probationary employees can still fight back — through EEO, OSC, or MSPB depending on the type of violation.

Step 2: Determine Whether the Action Was Based on Pre-Appointment Conditions

If the reason for termination comes from something before you joined the government, you are entitled to full due process, including:

  • Notice of the reason

  • The evidence

  • A meaningful opportunity to reply

Examples include:

  • Background issues

  • Credit or financial issues

  • Resume disputes

  • Reference concerns

  • Past employment problems

  • Selective Service questions

Agencies almost never follow the required procedures — which gives us powerful grounds to challenge the action.

Step 3: Identify Violations of Internal Agency Procedures

Most agencies have mandatory probationary checklists, training requirements, and evaluation procedures.

Common violations include:

  • Failure to conduct mandatory check-ins

  • No documented performance feedback

  • No interim performance reviews

  • No attempt to correct alleged issues

  • Incorrect probation end-date calculations

A single procedural violation can be enough to dismantle the termination.

Our lawyers — who used to enforce these procedures inside agencies — know exactly where to look.

Step 4: Document All Protected Activity and Retaliatory Behavior

Probationary terminations frequently mask retaliation.
We gather evidence such as:

  • Emails

  • Teams/Slack messages

  • Notes

  • Performance records

  • Witness statements

  • Prior EEO complaints

  • Protected disclosures

  • Timeline inconsistencies

Retaliation is one of the strongest leverage points for probationary employees.

Step 5: File the Correct Type of Complaint (This Is Critical)

Probationary employees can fight back through multiple channels depending on the violation:

EEO Complaint

For discrimination or retaliation.

OSC Complaint

For whistleblower retaliation or prohibited personnel practices.

MSPB Appeal

If:

  • You were terminated for pre-appointment conditions,

  • For marital status or political reasons, or

  • The agency violated mandatory procedures.

Most lawyers miss these appeal rights.
Our insider background means we know exactly when MSPB will take jurisdiction — and how to structure the appeal to maximize outcome.

Step 6: Challenge the Agency’s Narrative Quickly

Agencies typically build a one-sided record.
We immediately:

  • Demand the evidence

  • Challenge unsupported statements

  • Identify inconsistencies

  • Expose supervisor bias

  • Compare treatment to similarly situated employees

  • Use FOIA strategically to uncover a “shadow file”

This stops the agency from controlling the narrative.

Step 7: Avoid the Biggest Mistake: Resigning

Agencies love to pressure probationary employees into resigning because:

  • It hides their misconduct

  • Eliminates your appeal rights

  • Avoids EEO exposure

  • Limits back pay

  • Makes it harder to challenge the action later

Never resign without legal advice.

We evaluate:

  • Whether the resignation was coerced

  • Whether due process violations void it

  • Whether reinstatement is possible

  • Whether settlement or removal reversal is realistic

How NSLF Fights Back for Probationary Employees

This is where NSLF stands apart from every other firm.

Our strategy includes:

  • FOIA requests to uncover hidden evidence

  • OPM regulatory analysis

  • Procedural violation audits

  • Full timeline reconstruction

  • Pattern-of-treatment comparison

  • Identifying improper motives

  • Leveraging agency-level mistakes

  • MSPB and OSC filings structured for maximum leverage

  • Using our elite Attorney Review Board to evaluate complex cases

  • Negotiating reinstatement, back pay, or clean records where appropriate

We convert agency shortcuts into career-saving outcomes.

What Winning Looks Like for Probationary Employees

We routinely secure:

  • Reinstatement

  • Clean record agreements

  • Canceled removals

  • Back pay

  • Transfers to new offices

  • EEO settlements

  • Withdrawal of termination proposals

  • Ability to reapply without negative stigma

  • Discovery of agency wrongdoing (which dramatically increases case value)

Probationary employees are not powerless — they’re simply unrepresented too often.

Why Probationary Employees Choose NSLF

We are the #1 choice for probationary employees because:

  • We are former federal insiders

  • We know how agencies build (and botch) probationary removal cases

  • We maximize case value through strategic leverage

  • We have 4.9-star nationwide reviews

  • We offer flat fees + Affirm financing

  • We use a collaborative Attorney Review Board for strategy

  • We handle all related areas: MSPB, EEO, OSC, whistleblower law, security clearances, FOIA

We are not civilians dabbling in federal employment law.
We are battle-tested federal employees who now fight for federal employees.

Book a Free Case Plan

Your probationary status does not mean you have no rights.
It means the agency thinks you won’t fight back.
We will.

Schedule your confidential consultation online:
Book a Free Consultation

National Security Law Firm: It’s Our Turn to Fight for You.