Recently, some defense officials have expressed worries about potential mass firings of civilian Pentagon employees. They believe these layoffs might violate the law and could hamper U.S. military readiness.
According to Title 10, Section 129a of the U.S. Code, the Secretary of Defense can only decrease the number of civilian workers after assessing how those cuts could affect military effectiveness. The law prioritizes evaluating risks over cutting costs.
The law emphasizes that workforce planning for the Department of Defense should focus on having the right number and mix of personnel necessary to fulfill its mission, rather than merely saving money. It specifically states that a reduction can only happen if an analysis on how it impacts critical military factors, like readiness and operational effectiveness, is conducted.
A senior defense official has reported that no such analysis has been done. This raises questions about whether the proposed firings could violate existing regulations. Many affected civilian workers handle crucial roles related to national security, such as cybersecurity and intelligence.
Importantly, active-duty military personnel are not included in these potential firings.
Recently, a small team from the Department of Government Efficiency (DOGE) started discussions with Pentagon officials to set up their office inside the building. Following these talks, the Defense Department began reviewing lists of civilian employees on probation, considering potential terminations that could start this week.
Various U.S. combatant commands were instructed to submit lists of eligible probationary employees for possible termination. There are tens of thousands of civilian employees within the Pentagon who are on probation and may be affected.
Defense leaders are also working fast to identify employees in critical roles—like cybersecurity and intelligence—who should be exempt from firings. Moreover, there may be considerations for veterans and military spouses as well.
The Office of Personnel Management is promoting a broad approach to dismissing probationary employees across the federal government. This category typically includes workers who have been in their roles for less than a year, although it could extend to those who have been there for up to three years.
When it comes to firing probationary employees, a valid reason related to individual performance is typically necessary. However, OPM suggests to the Department of Defense that these employees no longer contribute positively to the Pentagon’s functions, leading to the argument for their dismissal.