Former CMS Employee Declines Reinstate Offer Amid Ongoing UncertaInty

After February termination, recent grad chooses stability over precarious federal position

A former Centers for Medicare & Medicaid Services (CMS) employee has declined a sudden reinstatement offer, highlighting the complicated aftermath of the agency’s controversial termination of probationary workers earlier this year.

The employee, a recent graduate who was terminated in February during their probationary period, received an unexpected call from former supervisors offering to restore their previous position, but with significant caveats that ultimately led to rejection of the offer.

“They told me that I would be completely unprotected from a RIF (Reduction in Force), so obviously my job would still be in jeopardy,” said the former employee, who requested anonymity due to the sensitive nature of the situation. “They gave me less than 24 hours to make a decision, which was not ideal.”

The reinstatement offer came with additional constraints, including an immediate start date with no possibility of delay—a condition that created ethical complications for the former employee who had secured part-time employment after the February termination.

“I had to call in favors to get my old part-time jobs back after I got fired,” they explained. “It wouldn’t be right to leave those part-time jobs high and dry without a proper two weeks’ notice, especially since they helped me when I was in need.”

The situation reflects broader concerns about how federal agencies are handling reinstatements following potentially improper terminations of probationary employees. While some agencies appear to be attempting to correct past actions, the methods and motivations remain questionable to affected workers.

An IRS employee familiar with similar situations at their agency noted, “We got told all our probationary folks were being reinstated but would be on administrative leave. So yeah, they’re probably just going to fire them the ‘right’ way, but hopefully, it will get the ‘for cause’ removed from their records.”

Federal employment experts contend that even probationary employees should receive due process. “The only right way to fire a probationary employee is to document issues and retrain. It takes time to fire someone on probation. You cannot be fired for any reason,” said a federal employment advisor who recommended that some reinstated employees consider maintaining both their federal and private sector positions given the intentional “chaos and uncertainty” of the situation.

For the former CMS employee, the decision came down to personal wellbeing over financial considerations.

“Of course I want my old job back, but I don’t want to go back to work if I’m just going to get fired again,” he said. “My time and my mental wellbeing are both more valuable than money I’d make.”

The employee is considering legal options but faces financial constraints as a recent graduate without full-time employment. “I’d like to sue, but as a recent grad without a full-time job, I don’t think I could afford a lawyer,” he said.

These reinstatement offers come amid increased scrutiny of federal hiring and firing practices, particularly regarding probationary employees who typically have fewer protections than career civil servants. Employment law experts note that affected former employees may have grounds for collective action depending on the circumstances of their terminations.

The Merit Systems Protection Board, which adjudicates federal employment disputes, has seen an increase in cases related to probationary terminations in recent months, though specific statistics regarding CMS were not immediately available.