Recent developments have allowed some federal employees, who were fired during their probationary periods under the Trump administration, to regain their positions, at least for now. A federal board that handles appeals for civil servants has stepped in to address these firings.
The Merit Systems Protection Board (MSPB) agreed to a 45-day stay requested by the Office of Special Counsel (OSC). The OSC believes that the mass firings were likely unlawful. This decision affects six employees across various federal agencies who will be reinstated into their roles.
Raymond Limon, one of the board’s members, emphasized that federal law required him to grant OSC’s request unless there were significant issues with it. He stated that there are valid reasons to believe that these six agencies engaged in prohibited practices regarding job terminations.
While this ruling specifically addresses the six workers from the Departments of Veterans Affairs, Housing and Urban Development, Education, Energy, and Agriculture, it could open doors for many other employees who have been let go. Hampton Dellinger, the head of OSC, has indicated that he is considering ways to expand this relief to a larger group without requiring individual claims.
Limon ruled that the six employees should return to their previous duties and pay, effective February 25. During the 45-day investigation period, OSC will evaluate how to alleviate the consequences of what it considers unlawful firings.
Before the 45 days are up, OSC can request corrective action to reinstate the employees with back pay. If agencies refuse this request, OSC can pursue further actions, including litigation.
The OSC found that the terminations violated federal rules, specifically for employees still in their probation. In some cases, firings occurred without following established reduction-in-force procedures. Limon acknowledged that these findings were justified.
In recent weeks, the Trump administration has initiated mass firings of probationary employees, many of whom had been hired within the last one to two years. These workers typically have fewer job protections. Some long-term employees, who were recently promoted or hired into new roles, were also affected, raising questions about the legal basis for their dismissals.
The government is expected to exceed 25,000 terminations this week alone. According to the law, agencies must show that an employee’s performance or conduct is unfit for federal work to terminate them during their probation. The OSC confirmed that many agencies did not adhere to this requirement.
In a related development, President Trump attempted to remove Hampton Dellinger from his position, but a federal court reinstated him. The administration is appealing this decision. Similarly, MSPB Chair Cathy Harris was also reinstated after an attempt to terminate her role.
These cases are being pursued by Democracy Forward and the Alden Law Group, who initially sought to address the matter as a class action and plan to continue their efforts.
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merit systems protection board, mspb, office of special counsel, probationary period, merit system, firings, trump, probation, osc
