Federal employment board pauses firing of 6 probationary staffers

A quasi-judicial board has temporarily blocked the firing of six federal employees who were terminated as the Trump administration directed agencies to oust probationary staffers — an early determination that the widespread firings may be illegal.

The order from the Merit Systems Protection Board (MSPB) returns those employees to their positions for 45 days — allowing the Office of the Special Counsel (OSC) to continue an investigation after finding the firings were likely illegal.

“The available evidence indicates that the agencies improperly used the relators’ probationary status to accomplish RIFs without affording them the substantive rights and due process to which they are entitled during the same,” the MSPB wrote in their order, referencing the OSC’s findings.

Special counsel Hampton Dellinger, who initially petitioned the MSPB, said late Tuesday that his work was “far from done” and urged agency heads to “immediately rescind any and every unlawful termination of probationary employees.”

The Trump administration earlier this month directed agencies to fire employees still on probation, a group of an estimated 200,000 workers who were hired within the past year or two. The probationary period varies by agency and also determines when employees are promoted.

The order impacts only the six employees, each at different agencies, who brought claims to the OSC.

Dellinger said earlier this week he plans to continue investigating the broader legality of the widespread firings.

In his own recommendations to the MSPB, he found the firing of the employees equated to a runaround of federal laws requiring a reduction in force (RIF) for any layoffs. Probationary employees, while easier to terminate, must still be let go for cause, and the government is required to show proof of poor performance.

“I am very grateful the MSPB has agreed to postpone these six terminations,” Dellinger said in a statement.

“These stays represent a small sample of all the probationary employees who have been fired recently so our work is far from done," he continued. "Agency leaders should know that OSC will continue to pursue allegations of unlawful personnel actions, which can include asking MSPB for relief for a broader group of fired probationary employees."

The special counsel added, "I urge agency leaders to voluntarily and immediately rescind any and every unlawful termination of probationary employees.”

The claims from the six employees were first brought to the OSC by Democracy Forward, alongside Alden Law Group, which specializes in employment law.

“The Merit Systems Protection Board’s decision to grant this stay is the correct result of a clearly unlawful and massively disruptive action by the Trump administration,” Democracy Forward President Skye Perryman said in a statement.

“We will continue to urge the Office of the Special Counsel and the MSPB to follow the law, protect all federal workers, investigate misconduct, and uphold the independence and integrity of our civil service.”

President Trump has targeted both Dellinger and the director of the MSPB, Cathy Harris, pushing to oust both.

But Dellinger and Harris have both been temporarily returned to their posts in decisions that have since been appealed by the Trump administration.

The Supreme Court last week declined to take an emergency appeal from the Justice Department in Dellinger’s case, determining it must still work its way through the court system.

Updated at 8:55 a.m. EST

Topics

Case surge from fired federal workers jams federal board

A CBS News review of records of the U.S. Merit Systems Protection Board shows it has experienced a surge in new cases amid the torrent of layoffs by the Trump administration.
CBS News - 18h
How a low-profile federal board could host appeals for thousands of fired government workers

Thousands of federal workers fired in recent days by the Trump administration may be able to use an appeals process to get reinstated in their jobs — and potentially receive back pay.
NBC News - 2d
How Trump's NIH layoffs upended one probationary staffer's life

Before she had even unpacked her Washington, D.C., apartment after making the move from Alabama, Katie Sandlin became one of thousands of federal probationary workers to be fired.
CBS News - 5d
21 DOGE staffers, whose employment predated Musk agency, resign

The officials wrote in a letter that they "will not lend our expertise to carry out or legitimize DOGE's actions."
CBS News - 20h
Firings Expand at Interior Department With Purge of Probationary Workers

More than 2,000 workers at the Interior Department were fired in recent days, according to counts from workers groups and those familiar with the cuts, as probationary workers were targeted across ...
The New York Times - Feb. 19
6 Best Travel Mugs of 2025, Tested and Reviewed by WIRED Staffers

These top picks are built to last, keeping your coffee (or tea) at the perfect temp and your mornings smooth—no leaks, no lukewarm lattes, no stress.
Wired - 5d
Who Are the Probationary Federal Workers Being Cut Under Trump?

Many government workers being cut are those with fewer protections. They are relatively new in their current jobs, but often have years of experience.
The New York Times - 17h
Request to block mass firing of probationary employees denied by judge

A judge has denied labor unions' request to temporarily block the administration from carrying out mass firing of probationary employees and deferred resignation offers.
ABC News - 5d
Pentagon to fire 5,400 probationary workers, institute hiring freeze

Defense Secretary Pete Hegseth has directed the Pentagon to come up with plans to cut 8% from the defense budget in each of the next five years, sources familiar with his plans told CBS News.
CBS News - 4d