Protesters gathered outside the Theodore Roosevelt Federal Building in Washington, D.C., on February 5, 2025, voicing their concerns over recent firings of federal employees under the Trump administration. The U.S. Office of Special Counsel (OSC), which safeguards federal workers from unlawful actions, has indicated that there is evidence suggesting the administration may have violated federal law by terminating probationary employees without proper cause.
In a recent statement, Special Counsel Hampton Dellinger announced that the OSC has requested a stay on the terminations of six federal employees who were dismissed in the past two weeks. Dellinger emphasized that all employees, including those still in their probationary periods, should be evaluated based on their individual performance, rather than being dismissed en masse.
The OSC’s filing with the Merit Systems Protection Board (MSPB) highlighted that none of the terminated employees had performance issues. Among those affected were disabled veterans from the Departments of Education and Veterans Affairs, who are entitled to certain protections under federal law during layoffs. The filing asserts that the administration improperly utilized the employees’ probationary status as a means to downsize the workforce without adhering to the required legal procedures.
Dellinger stated, "Firing probationary employees without individualized cause appears contrary to a reasonable reading of the law." He expressed his obligation to seek a stay of these actions while further investigations into potential violations of federal personnel laws are conducted.
This request for a stay follows a class complaint filed by the legal advocacy group Democracy Forward and the Alden Law Group. The MSPB has the authority to grant or deny the request, but if no action is taken, the stay will automatically take effect after three business days. While the stay would apply only to the six individuals mentioned, the OSC is exploring options to extend relief to a broader group of similarly affected federal employees.
In a parallel move, a coalition of labor unions and civic organizations has filed a lawsuit in a federal court in San Francisco seeking to temporarily block the Trump administration from firing probationary employees. The lawsuit, initiated on February 19, argues that the Office of Personnel Management (OPM) lacks the authority to manage employees of federal agencies beyond its own. U.S. District Judge William Alsup has given the government until Wednesday to respond and has scheduled a hearing for Thursday afternoon.
The unions’ complaint cites a federal statute that grants heads of executive departments the authority to regulate their own agencies, indicating that while the OPM oversees certain human resource functions, it does not have the Congressional authority to dictate actions to other agencies.
In recent weeks, the Trump administration has dismissed tens of thousands of federal employees, with more layoffs anticipated. Many others have been placed on administrative leave, leaving them unable to perform their duties. The situation continues to unfold, raising significant concerns about the treatment of federal workers and the legal implications of the administration’s actions.