Six federal workers dismissed by the Trump administration will be temporarily reinstated following a ruling by the Merit Systems Protection Board. This decision, effective until April 10, is part of an investigation into the employees’ claims of wrongful termination. Board member Raymond A. Limon noted reasonable grounds for believing federal agencies violated personnel practices. The ruling may impact thousands of employees fired while on probationary status. The Office of Special Counsel, fighting its own firings, is also pursuing claims on behalf of additional dismissed probationary employees, as recent cuts have led to a surge in cases at independent review boards.
In a significant development this week, the Merit Systems Protection Board decided to temporarily reinstate six federal employees who were fired, marking the initial move towards what the lawyers representing these workers anticipate will lead to the restoration of many jobs eliminated by the Trump administration.
The independent agency, which evaluates appeals from federal workers regarding their employment conditions, announced its ruling late Tuesday. This decision will stay in effect until April 10, allowing the Office of Special Counsel to further investigate the complaints filed by the dismissed employees, who hail from various federal agencies.
“I determine that there are reasonable grounds to believe that each of the six agencies participated in an unlawful personnel practice,” stated Raymond A. Limon, a board member, in his directive.
The implications of this ruling could extend to thousands of other federal workers who were terminated while still on probationary status and relatively new to their roles.
Hampton Dellinger, the special counsel investigating these personnel actions, as well as Cathy Harris, the chair of the three-member board reviewing the claims, were both dismissed by Mr. Trump earlier this month. They are challenging their removals through the legal system, with federal judges temporarily reinstating them.
Mr. Dellinger heads the Office of Special Counsel, responsible for safeguarding whistle-blowers. He was let go on February 7, but a federal judge ruled that the termination be paused until March 1.
The Merit Systems Protection Board, chaired by Ms. Harris, is composed of three members—two from the Democratic Party, including Ms. Harris, and one from the Republican Party. All members are presidential appointees confirmed by the Senate, with staggered seven-year terms. No more than two members can belong to the same political party.
In a series of lawsuits contesting the firings since Mr. Trump took office, multiple federal judges have instructed plaintiffs to present their claims to the independent boards established for such matters. For the six probationary employees in question, that is the Merit Systems Protection Board.
The mass terminations, which the Trump administration has defended as essential cost adjustments, have escalated the workload at the independent review boards for the government. Last fall, the Merit Systems Protection Board was receiving around 100 new cases weekly, but between February 16 and February 22, it was inundated with 1,845 cases.
On February 21, Mr. Dellinger submitted requests to the board to halt the terminations of six probationary employees from various departments, including Agriculture, Education, Energy, Housing and Urban Development, Veterans Affairs, and the Office of Personnel Management.
Attorneys from the legal advocacy group Democracy Forward and the Alden Law Group are optimistic that this pause will also cover their other clients, probationary employees from nine federal agencies who have lodged complaints with Mr. Dellinger’s office. Filing a complaint with his office is the preliminary step in contesting their dismissals.
As of Wednesday, an analysis by the New York Times revealed that nearly 20,000 probationary employees have been terminated.
The firings of probationary employees central to Mr. Dellinger’s claims before the merit protection board represent merely one aspect of Mr. Trump’s plan to significantly reduce the federal workforce.
The subsequent phase is currently in motion, instructing agencies to implement extensive “reductions in force.”
On Wednesday, the Office of Personnel Management released guidelines for agencies to execute these “large-scale” reductions, a directive called for by Mr. Trump in an executive order dated February 11.
These cuts are likely to provoke further legal challenges.