An independent federal agency has ordered the U.S. Department of Agriculture (USDA) to temporarily reinstate nearly 6,000 employees who were fired since February 13. The Merit Systems Protection Board (MSPB) found that the USDA may have acted illegally in these terminations. This ruling means that the fired workers will return to their jobs for at least 45 days while the situation is investigated.
The MSPB serves as an internal court, handling complaints from federal employees against the government. The order, issued by board member Cathy Harris, specifically addresses probationary employees who received identical termination letters stating that their performance did not meet the public interest.
Since mid-February, the Trump administration has dismissed tens of thousands of probationary employees across federal agencies, usually those who are still in their first or second year of employment. This particular order follows a request from the U.S. Office of Special Counsel (OSC), which is looking into the firings of these employees. Just last week, a similar decision allowed six probationary workers from different agencies to return to work.
Special Counsel Hampton Dellinger has urged all federal agencies to reinstate probationary employees, even if they do not receive a direct order. He emphasized that agencies are better positioned to identify which employees were impacted by these mass firings.
Dellinger noted that documents and interviews revealed that the USDA relied heavily on guidance from the Office of Personnel Management (OPM) when terminating employees. He argued that the USDA did not consider individual performance but instead decided to fire workers based on whether their positions were deemed "mission-critical." This approach, he claims, allowed the USDA to reduce its workforce without following proper procedures for mass layoffs, which typically require a 60-day notice.
The exact number of employees affected by the MSPB’s order is still unclear. While USDA initially reported firing 5,950 probationary employees, only 5,692 names were listed in the MSPB’s order. This discrepancy highlights ongoing changes due to corrections and rehirings.
Both Dellinger and Harris were previously fired by Trump but have since been reinstated by court rulings that found their terminations improper. Additionally, a separate legal challenge against the mass firings is progressing in federal court, with a judge recently ruling that the firings likely violated several laws.
In the midst of these developments, the OPM revised a memo stating that it was not directing agencies to take personnel actions, leaving the decision-making authority in their hands. The situation continues to evolve as investigations and legal challenges unfold, raising questions about the future of federal employment practices under the current administration.