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 advocate@southworthpc.com or reach us on social. (Answering on air is general information and doesn't create an attorney-client relationship.)
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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.
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