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As a former manager, this is a hard fucking case to argue. Probationary periods are a way to delay cause requirements for firing. While firing a black worker for being black during a probationary period is absolutely illegal, most other causes are ignored and the documentation is a lot easier.
During the probationary period the employee is waving significant rights so this law team will have a very high burden of proof for their arguments.
The difference for this is that the probation period is 1 to 2 years for a federal employee.
This is just hearsay from another federal employee, but word is they were terminated for performance issues (that almost certainly did not exist). I'm not sure if that makes a difference, but thought I would share it.
It would be helpful evidence certainly. They'll need a lot but every bit helps!