OPM Finalizes Rule Letting It Fire Federal Workers, Curtailing MSPB Appeals by July 30
Updated
Updated · Government Executive · Jul 1
OPM Finalizes Rule Letting It Fire Federal Workers, Curtailing MSPB Appeals by July 30
1 articles · Updated · Government Executive · Jul 1
Summary
A final rule published Tuesday lets OPM and agencies remove federal employees for suitability or misconduct outside standard Chapter 75 procedures, sharply narrowing the appeal path that tenured workers have long used.
July 30 is the effective date for the new system, which follows a Trump memo directing OPM to create a post-appointment removal process that bypasses decades-old civil service protections.
The rule also broadens removable conduct to include late tax filing, refusing or violating a nondisclosure agreement, and theft, misuse or negligent loss of government property.
MSPB still hears suitability appeals for now, but OPM has separately proposed bringing some of those cases in-house, a move critics say would further centralize firing power and politicize removals.
Outside experts and good-government advocates say the changes revive pre-1978 centralized workforce control and question whether OPM has the staff, budget and expertise to handle its expanded role.
As OPM gains vast new power to fire workers, why is its own investigation budget being cut?
Will new government-wide NDAs and vague misconduct rules silence federal whistleblowers?
New rules allow firing workers for unpaid taxes, but can agencies even find out who they are?
OPM’s 2026 Rule Expands Federal Firing Powers: What It Means for Due Process, Job Security, and Civil Service Integrity
Overview
The Office of Personnel Management (OPM) finalized a major new rule on June 30, 2026, bringing a substantial change to federal employment policy. This rule expands OPM’s authority to take suitability actions against current federal employees, especially for conduct that happens after they are hired. By broadening the criteria for what makes an employee unsuitable, the government now has more power to address post-appointment issues. As a result, it will likely be easier and faster for agencies to remove employees, reflecting a shift toward increased accountability and a more proactive approach to maintaining the integrity of the federal workforce.