MSPB makes clear how it's possible for probationers to have appeal rights. Since the U.S. Court of Appeals for the Federal Circuit issued its decisions in Van Wersch v. Department of Health and Human Services and McCormick v. Department of the Air Force, the interpretation of the factors affecting whether an employee serving in a probationary period has appeal rights has changed.  "Federal agencies and employees need to understand the outcomes of these decisions to know whether an individual employed by the U.S. Government has full procedural and appeal rights upon termination, even when employed in a probationary or trial status," said Chairman Neil A. G. McPhie.