New OPM Rule Will Fast-Track Firings of Feds for Suitability Issues

The Office of Personnel Management (OPM) proposed a new rule that would allow longtime federal employees to be removed at a faster pace for suitability issues, just like probationary workers can be before they receive their formal appointment. It was required under a March memo from President Trump.

OPM says the rule will address a gap in the federal disciplinary process, noting that agencies currently have “limited tools to address egregious post-appointment misconduct that undermines public trust.” 

“For too long, agencies have faced red tape when trying to remove employees who break the public’s trust,” said OPM Acting Director Chuck Ezell. “This proposed rule ensures misconduct is met with consequence and reinforces that public service is a privilege, not a right.” 

Under the rule change, agencies will be able to request that OPM take suitability actions against employees suspected of misconduct instead of following the conventional disciplinary process. It extends the same suitability standards and tools used during the hiring process to post-appointment conduct.

“Employees who engage in serious misconduct while in the Federal service are equally as unsuitable for Federal employment as applicants who engaged in serious misconduct before applying for Federal employment,” states the rule. 

The rule states that agencies must remove the employee within five (5) workdays if they are found to be no longer suitable for federal employment.  

Suitability Issues Expanded

Suitability and fitness determinations examine a worker’s character and conduct to see if it may harm the integrity or efficiency of the government, and includes issues such as criminal conduct, and deception and fraud. 

The rule also expands suitability issues to include the timely filing of tax returns, theft or misuse of government resources or equipment, and failing to comply with nondisclosure obligations

Former OPM Acting Director Rob Shriver tells Federal News Network that the proposal raises red flags. 

“My concern here is that, under the guise of suitability, agencies, as directed by OPM, are going to be taking adverse actions against federal workers, and those federal workers won’t have the same kind of shot at an appeal that they do under the regular rules that normally apply. The deck is really stacked in favor of the government in the suitability appeal,” said Shriver, now the managing director of Civil Service Strong with Democracy Forward. 

The rule is open to public comment in the Federal Register through July 3, 2025.