Recently, some federal employees who were fired during their probation periods have been reinstated, at least for now. The Merit Systems Protection Board (MSPB), which handles appeals from civil servants, has approved a temporary stay for these workers.
The stay was requested by the Office of Special Counsel (OSC), which believes the mass firings were likely illegal. This ruling affects six employees from different agencies, including the Departments of Veterans Affairs, Education, and Agriculture. These employees will return to their previous roles while the situation is further examined.
Raymond Limon, a member of the MSPB, explained that federal law required him to grant the OSC’s request unless the stay was unreasonable. He found reasonable grounds to believe these firings violated federal civil service protections.
Even though the ruling is specific to these six employees, it could set the stage for thousands more who were fired under similar circumstances to reclaim their jobs. Hampton Dellinger, head of OSC, is exploring ways to extend relief to a larger group without requiring individual claims to be filed.
The MSPB’s decision mandates that the reinstated employees receive the same duties and pay as they did before their firings, effective February 25. The OSC plans to use the next 45 days to investigate further and minimize the impact of the firings.
Should the OSC find sufficient evidence of unlawful actions, it can request corrective measures from the employees’ agencies. If agencies refuse, the OSC can escalate the matter to the MSPB for further action. The OSC also has the authority to pursue disciplinary steps against those responsible for the unfair dismissals.
Different violations were identified by the OSC concerning the employees’ dismissals. Some were let go without proper justification for their probationary status, while others were essentially laid off without following the necessary procedures for reductions in force.
This surge of terminations began earlier this month as the Trump administration targeted probationary federal workers—those who typically have less job security. Reports suggest more than 25,000 employees could face similar fates.
By law, agencies must provide valid reasons when terminating probationary employees. The OSC found that several agencies did not follow this law, a finding the MSPB supports as likely true.
In some legal tussles, President Trump previously removed Dellinger from his position, but a federal court reversed that decision. The Supreme Court also declined to interfere with this ruling, allowing Dellinger to remain in office. Additionally, MSPB Chair Cathy Harris was reinstated after a similar attempt by the Trump administration to dismiss her.
The cases of the employees were brought to light by Democracy Forward and Alden Law Group, which aim to pursue these issues as a class action.
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merit systems protection board, mspb, office of special counsel, probationary period, merit system, firings, trump, probation, osc
