Civil Rights for Civil Servants

Shaun Southworth and Lydia Taylor

Probation and Beyond: Surviving The Most Dangerous Year of Your Federal Career

JUL 3, 202683 MIN

Description

Your probationary year is the year the law protects you least — and the year your agency can move you out without proving much of anything. Though these days, many people who have survived their probationary year feel like they're under similar strain. Regardless of how you feel about your legal protections, and regardless of what those protections are, are there other steps you can take to protect your career? Southworth PC attorneys Shaun Southworth and Lydia Taylor break down surviving the federal probationary period — and why, after 18 months of RIFs and reorganizations, even employees with years of service feel just as exposed. They're joined by communication coach Ken Canion on handling a boss who's decided they don't like you. The Docket Trump v. Slaughter: The Supreme Court held 6-3 (the week we recorded) that the president can remove independent-agency heads "for any reason or no reason at all," overruling the 90-year-old Humphrey's Executor. Most feds' EEOC and MSPB rights don't change — but the agencies enforcing them may feel new pressure from the top. Lydia's takeaway: don't panic, pay attention. Trump v. Cook: A 5-4 majority blocked the removal of Federal Reserve Governor Lisa Cook — for now — holding that "cause" still has to mean something. A narrow win, and a reminder these protections are weaker than they used to be. The Case File: Surviving the Probationary Period Probationary employees have the fewest protections in federal service — but not zero. You're still protected from discrimination, whistleblower reprisal, and other prohibited personnel practices. Beyond the law, they walk through the survival skills that protect any federal employee: turning vague criticism into a written record, building a "brag file" of your wins, and working a PIP so thoroughly your supervisor has to justify any action against you. You'll know exactly what to send after your next "you're not a good fit" conversation. The Interview: Ken Canion A communication coach who trained Southworth PC's leadership team — and a star of MTV's Caught in the Act: Unfaithful — Ken breaks down handling a supervisor who's turned on you, including the reframe that gets your boss to put expectations in writing. Listen for why "the person who asks the question controls the conversation." Ask Shaun & Lydia Anything "I'm 10 months into a one-year probation at the VA, and we just got a new acting director. Everybody's on edge. Do I keep my head down and hope this blows over?" "My supervisor never puts anything in writing. She says I need to step it up, but when I ask what it means, she gets vague. What should I do?" "My position just got moved to Schedule Policy/Career. Am I about to get fired, and what should I do now?" Chapters: 00:00:00 — Welcome: the most dangerous year 00:09:03 — The Docket: Trump v. Slaughter 00:16:57 — The Docket: Trump v. Cook 00:23:52 — The Case File: what still protects you 00:27:25 — Documentation & the brag file 00:34:16 — When you're put on a PIP 00:36:51 — The Interview: Coach Ken Canion 01:02:23 — Ask questions, control the conversation 01:13:10 — Ask Shaun & Lydia Anything 01:21:10 — Wrap-up: build what a file can't capture Resources mentioned: Ken Canion — coachkencanion.com Dorothy Leeds, The 7 Powers of Questions Have a question for the show? Email [email protected] or reach us on social. (Answering on air is general information and doesn't create an attorney-client relationship.) If this episode helped: leave a five-star review wherever you listen, and share it with a coworker who needs it. Subscribe so the next episode comes to you automatically. Learn more / get help: attorneysforfederalemployees.com Free daily newsletter for federal employees: fedlegalhelp.com/newsletter Podcast home: fedlegalhelp.com/podcast A quick note: This podcast is legal information, not legal advice. Listening does not make you a client. If something is happening to you at work, talk to a lawyer about your specific situation. This show is proudly ad-free and sponsored by Southworth PC. Your service is worth protecting — let's protect it together.