Hampton Dellinger, a government watchdog lawyer whose dismissal by President Trump is currently under court review, announced plans to pause the mass firings of probationary federal workers, citing legal violations. Dellinger, who leads the Office of Special Counsel, argued that these firings without individualized cause contradict federal law. He intends to request a 45-day pause from a government review board. This move reflects broader efforts by impacted federal workers to contest their dismissals amid ongoing scrutiny of the Trump administration’s actions. Legal advocates condemned the firings, labeling them illegal and a threat to the rights of federal employees.
A lawyer from a government oversight agency, whose termination by President Trump has been halted by judicial proceedings, announced on Monday that his office intends to seek a suspension of the mass termination of certain probationary federal employees.
Hampton Dellinger, the head of the Office of Special Counsel—a government body dedicated to protecting whistle-blowers—stated that his office believes these terminations could be unlawful.
In a statement issued on the agency’s website, Mr. Dellinger indicated that the decision to dismiss probationary employees in bulk “without individualized cause” seems “inconsistent with a reasonable interpretation of the law,” and that he would petition a governmental oversight board to halt the firings for a period of 45 days.
This action represents a strategy by federal employees to leverage governmental mechanisms to challenge the mass dismissals initiated by the Trump administration and managed by Elon Musk’s team. A representative from Mr. Musk’s so-called Department of Government Efficiency did not provide an immediate response to a request for comment.
Mr. Dellinger’s initiative, previously reported by Government Executive, a trade publication, also sheds light on the numerous layers of officials who have found themselves targets of the Trump administration. Throughout this situation, the officials assessing the dismissals have faced their own terminations and are utilizing alternative legal avenues to retain their positions.
The Office of Special Counsel, established in 1979, operates independently from the special counsels appointed by the Justice Department.
Mr. Dellinger himself was fired on February 7. After filing a lawsuit, a federal judge granted a temporary restraining order that permits him to keep his position until February 26. The Supreme Court has opted not to intervene while his case progresses through the legal system.
The next step involves a review by the Merit Systems Protection Board, an independent agency scrutinizing actions taken by the Office of Personnel Management. This three-member board comprises appointees from both Republican and Democratic administrations.
It, too, has faced scrutiny from the Trump administration. The board’s chairwoman, Cathy Harris, a veteran employment lawyer, was confirmed by the Senate in 2022. Following her own legal challenge, Ms. Harris was recently reinstated as chairwoman after a federal judge issued a temporary restraining order blocking her dismissal, at least for the time being.
Officials from the Trump administration have sought to terminate the majority of the approximately 200,000 federal workers on probation, primarily because they are new entrants to government service.
Employees from various federal agencies have lodged complaints with Mr. Dellinger’s office as the initial step in challenging their dismissals. These complaints alleged that the Trump administration violated federal personnel regulations by carrying out mass firings of probationary employees.
According to federal personnel laws, probationary employees can only be terminated following a personalized review if “their performance or conduct demonstrates that they are unfit for federal employment,” as stated in the stay request. If federal agencies intend to lay off personnel amid a general restructuring or downsizing, they must adhere to applicable legal protocols, as referenced in the filing.
Attorneys from Democracy Forward, the advocacy group representing the dismissed workers, praised Mr. Dellinger’s decision.
The mass termination of probationary federal employees by the Trump administration was described as “illegal and cruel” by Skye Perryman, the organization’s president and CEO.
“It’s incredibly concerning to think we now need to safeguard those who serve our nation from the president’s attacks,” she remarked.