An independent Federal board has granted a stay on the firing of some Federal workers who were laid off during their probationary period by the Trump administration after the firings were appealed by the Office of Special Counsel (OSC).
The decision of the Merit Systems Protection Board (MSPB) is in response to the firing of six probationary employees across several executive branch agencies, which resulted in a request to stay the layoffs for 45 days by Hampton Dellinger, the head of OSC.
OSC argued that the firings were likely unlawful and recommended that they be halted pending an investigation, to which MSPB agreed with stating that there are “reasonable grounds” to believe the firings were illegal and the stay would be issued “while OSC further investigates their complaints.”
“Since the Civil Service Reform Act was passed in 1978, the merit system principles have guided how federal government agencies hire, manage, and, if necessary, remove federal employees,” said Dellinger in a statement. “These principles establish that all federal employees, including those in a probationary status, should be evaluated based on individual performance.”
“Firing probationary employees without individualized cause appears contrary to a reasonable reading of the law, particularly the provisions establishing rules for reductions in force,” he continued.
The organization Democracy Forward filed a complaint on behalf of the employees who worked across nine Federal agencies on Feb. 14 alongside the Alden Law Group on the argument that the firings had “no regard for the performance or conduct” of the workers but instead because of their probationary status. On Feb. 22, an additional 13 agencies were added to the complaint.
The complaint followed a White House executive order earlier this month that instructed agencies to make “reductions in force” – more commonly known as layoffs.
Since OSC’s decision to request a stay, Democracy Forward issued a statement pledging to work with the Alden Law Group “to expand the stay to cover federal employees who are similarly situated to the complainants.”
“The administration’s mass termination of employees in their first or second year on the job is an unprecedented and grossly unfair circumvention of the merit principles upon which our civil service is based,” Michelle Bercovici, a partner with the Alden Law Group, said in a statement. “These hard-working employees should have the opportunity to let their work speak for itself.”
Probationary workers generally have less than one or two years of service in their current positions and have the weakest protections. While Federal code allows Federal employees to be fired at will, it also requires that the person’s supervisors must show that the employee’s work performance or conduct is insufficient for continued employment.
MSPB’s decision could have broader implications for the thousands of probationary Federal employees fired by Elon Musk in the last few weeks.
OSC noted that Dellinger “is considering ways to seek relief for a broader group without the need for individual filings with OSC.”
Dellinger and MSPB Chair Cathy Harris have also been through their own recent legal battles for their positions after President Donald Trump attempted to terminate them earlier this month.
Both Dellinger and Harris were reinstated after suing the Trump administration and receiving temporary restraining orders (TRO). The TRO blocking Trump’s move to fire Dellinger expires today and a judge will consider a motion for a preliminary injunction.
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