Six federal employees who were recently terminated will be reinstated for at least 45 days, following a decision by the Merit Systems Protection Board (MSPB). This independent federal agency intervened after the U.S. Office of Special Counsel raised concerns about the legality of the firings, which were carried out by various federal agencies.
The MSPB’s stay on the terminations was issued on Tuesday evening, allowing the investigation initiated by the Office of Special Counsel to proceed. Board member Raymond A. Limon stated that there are reasonable grounds to believe that the agencies involved may have engaged in prohibited personnel practices during the terminations.
The six employees, who were still on probationary status at the time of their firing, were let go by the Departments of Education, Energy, Housing and Urban Development, Agriculture, Veterans Affairs, and the Office of Personnel Management. U.S. Special Counsel Hampton Dellinger argued that these agencies violated federal law by terminating the employees without proper justification or due process.
Dellinger emphasized that while probationary employees do not enjoy the same protections as permanent federal workers, they cannot be dismissed arbitrarily. Agencies are required to provide valid reasons for terminations, and none of the six employees had performance-related issues. Instead, the investigation suggests that their probationary status was improperly utilized to facilitate workforce reductions without adhering to appropriate procedures.
Among those fired were disabled veterans from the Departments of Education and Veterans Affairs, who would have been entitled to preferential treatment in any lawful layoffs. The MSPB’s ruling allows the affected employees to retain their positions while the investigation continues, which could have broader implications for other federal workers who may have been similarly impacted.
The Office of Special Counsel took up the case after receiving a complaint from the legal advocacy group Democracy Forward, which has called for relief not only for these six employees but potentially for a wider group of terminated federal workers. Dellinger is exploring options to expand the scope of relief.
This situation has garnered attention not only due to the implications for the six employees but also because Dellinger himself was abruptly dismissed by the Trump administration. He has since initiated legal action to contest his removal, arguing that the law stipulates the special counsel can only be removed for specific reasons, such as inefficiency or misconduct. A judge temporarily reinstated him while his case is under review.
As the investigation unfolds, the actions of the MSPB and the Office of Special Counsel will be closely monitored, with potential ramifications for federal employment practices and the treatment of employees within the government.