A group of probationary Federal employees who were fired by the Trump administration have brought a class-wide complaint before the Office of Special Counsel, an independent Federal agency that investigates allegations of prohibited personnel practices.
The former employees who filed the complaint on Feb. 14 worked across nine Federal agencies. They say they were terminated “with no regard for the performance or conduct” but instead because of their probationary status.
Probationary status typically indicates someone who has been working in the Federal government for less than two years – before full civil service protections kick in.
“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,” said Michelle Bercovici, a partner with the Alden Law Group, who joined with Democracy Forward in filing the complaint.
“These hard-working employees should have the opportunity to let their work speak for itself,” Bercovici added.
The complaint comes after the White House issued an executive order last week instructing agencies to make “reductions in force” – more commonly known as layoffs. Probationary employees have been some of the first to be let go, with thousands of Federal employees impacted by the widespread layoffs.
The complaint notes that “as the situation is rapidly developing” it will be “supplemented” to cover additional agencies.
“The vast majority of the American people – more than 90 percent – believe that civil servants should be promoted based on their own merit, not on loyalty. Yet, the Trump administration is seeking to undermine that value by purging non-partisan career civil servants and prioritizing partisan loyalists,” said Skye Perryman, president and CEO of Democracy Forward.
“Our civil servants do everything from keeping our food and medicine safe, to securing our borders, to improving our communities,” Perryman said. “We will use all legal tools available to protect them from arbitrary firings designed to politicize our government.”
