In studies involving HR officials of states using at-will employment, nearly twice as many disagreed that employees are more productive than agreed. Image: alex5711/Shutterstock.com
By: FEDweek StaffA study has concluded that based on the experience of state governments, “there is no evidence” that a shift to at-will employment at the federal level—such as is envisioned by the Trump administration’s now implemented Schedule Policy/Career initiative—“will improve employee or agency performance.”
Instead, the Partnership for Public Service says, “At-will employment creates risks of firings for political reasons and for issues unrelated to performance while serving as a disincentive for employees to report wrongdoing, voice objections, or express differing opinions from political leadership.”
It further “may shrink the talent pool for federal agencies and increase employee turnover rates, creating challenges for agencies to achieve their missions and effectively serve the public.”
Schedule Policy/Career is meant as the successor to the short-lived Schedule F of the first Trump administration, under which competitive service employees involved with policy matters would be converted to the excepted service, where they would lose most of their civil service protections.
Touted as a top priority since the second Trump administration started a year ago, final rules have only just been implemented. OPM confirmed to Fedweek that lists have already been submitted for positions subject to conversion, with totals around 50,000. Meanwhile employee groups have warned the number could eventually creep higher, especially given that the revised version would cast a wider net.
Schedule P/C “is being justified in part as a way to quickly remove ‘poor performers.’ This approach reflects the reality that poor performance is not adequately addressed by the current, overly complex and burdensome federal performance management system,” the Partnership said. “While systematic reform of the federal government’s performance management system is needed, a major concern is that the administration’s solution will open the door to firings not for poor performance, but rather for offering professional advice or perspectives that political leaders do not want to hear.”
It said that in studies involving HR officials of states using at-will employment, nearly twice as many disagreed that employees are more productive than agreed; they further recommend “proven, cost-effective actions to address employee performance other than making it easier to fire employees.” Such actions could include for example setting clear performance expectations, monitoring employees, providing feedback and support if needed, and taking discipline as necessary, it said.
Further, “HR leaders have said that at-will employment is used to pursue non-performance related firings, including for reasons related to patronage, personality conflicts and political views. Over 30% of HR professionals in four states with at-will employment agreed that the system is sometimes used to fire competent employees so that other people with friends or connections in government can be hired.”
Said the report, “Government employees should follow the directions of political leaders who set agency priorities; however, those directives must be in alignment with the Constitution, laws and ethics. At-will employment sends a message to government employees that voicing any objections to or showing any differing opinions from political leadership, even if for legal or ethical reasons, may result in their termination.”
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