Federal employees fired as part of sweeping cuts by the Trump administration are disputing claims in their termination letters that cite “performance” issues.
Many argue the language is misleading, unfairly damaging their professional reputations and potentially impacting future job prospects and unemployment benefits.
USA Today reviewed 10 termination letters, nine of which mentioned performance concerns, while the affected employees insist they were never informed of any issues. One was terminated only a month into her new role after relocating over 1,700 miles, while another was told explicitly by his supervisor that his firing was not related to performance. “It’s a lie. It’s simply not true,” said Gavan Harmon, a former US Forest Service worker.
The firings come as the Department of Government Efficiency (DOGE), led by billionaire Elon Musk, pushes to downsize federal agencies. The administration offered buyouts to nearly all federal workers before launching mass terminations, particularly targeting probationary employees. Observers believe citing performance issues is an attempt to avoid triggering legal obligations related to reductions in force, bypassing more procedural requirements.
Performance language
Federal labor attorney Greg Rinckey noted that using performance language is likely a standard boilerplate but acknowledged that it could be interpreted as a critique of an employee's abilities.
“While the language is boilerplate ... a fair interpretation on the part of a probationary employee receiving this is that their performance was inadequate,” Rinckey said.
Probationary employees have fewer protections under federal law, making it difficult for them to contest their terminations unless they can prove discrimination.
“The government can terminate anyone during their probationary period,” Rinckey explained. “Do I think they have any legal protections? Probably not.”
For those impacted, the situation feels deeply personal. Brian Gibbs, who lost his “dream job” as a park ranger at Effigy Mounds National Monument, said he was “heartbroken” and struggling to understand the reasoning behind his termination. “I felt very blessed to have this job and thoroughly loved the big responsibilities that came with it,” Gibbs said.
Hayley Robinson, who had just started her role as a biologist with the US Fish and Wildlife Service, was also stunned. She had relocated from Illinois to Nevada for the position, only to learn via an online meeting with 400 other probationary employees that they were all being let go. “I just got here,” she said, noting that she hadn’t even been assigned her first official project yet.
White House defense
The White House defended the terminations, with spokesperson Harrison Fields stating that the administration is committed to “uprooting waste, fraud, and abuse” within the federal government. The rationale provides little comfort, however, to those facing the financial and emotional fallout of losing their jobs.
In trying to bypass the usual procedures around such large scale layoffs, the Trump administration risks multiple potential lawsuits which could create further disruption with in the Federal workforce.