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A federal watchdog has ruled that some of the Trump administration’s mass firings of probationary federal employees were unlawful, potentially paving the way for affected workers to reclaim their positions.
The Office of Special Counsel (OSC), which investigates federal personnel practices, issued a ruling involving six employees across multiple agencies. While the decision is limited to those cases, it could have broader implications for thousands of terminated workers.
OSC has referred the matter to the Merit Systems Protection Board (MSPB) for enforcement, requesting a 45-day pause on the terminations while further investigations take place. If MSPB does not act within three business days, the stay will automatically take effect.
Unlawful dismissals and due process concerns
According to OSC, the Trump administration dismissed employees in violation of federal regulations governing probationary terminations. Some firings failed to cite performance or conduct issues, while others effectively constituted layoffs without following government-mandated reduction-in-force (RIF) procedures.
“In accordance with its legal responsibility to safeguard the merit system, OSC seeks this stay because the probationary terminations at issue in this matter appear to have been effectuated in a manner inconsistent with federal personnel laws,” the OSC wrote. The agency found that affected employees had no documented history of poor performance and had instead received positive evaluations.
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Federal law requires agencies to assess individual performance before dismissing probationary workers. However, OSC found that agencies issued nearly identical termination notices without any individualized assessment. The watchdog concluded that the dismissals may have been driven by cost-cutting measures rather than legitimate personnel concerns.
Legal challenges and potential reinstatements
The Trump administration’s terminations, which are expected to surpass 25,000 employees across multiple agencies, have drawn legal scrutiny. The affected departments include Veterans Affairs, Housing and Urban Development, Education, Energy, and Agriculture, as well as the Office of Personnel Management.
Special Counsel Hampton Dellinger, who led OSC’s investigation, was briefly removed from his post by Trump earlier this month before a federal court reinstated him. It also reinstated MSPB Chair Cathy Harris to her role after Trump attempted to fire her. MSPB is now considering whether the firings should be overturned and employees reinstated with back pay.
Legal advocacy groups, including Democracy Forward, have urged MSPB to act swiftly, arguing that the dismissals were politically motivated and legally flawed. "It’s common sense that if you want to remove someone for poor performance, you actually have to look at that person’s performance in the job," said Rob Shriver, a former acting OPM director.
OSC’s findings suggest that broader action may follow, with Dellinger reportedly exploring options to extend relief to more affected workers. "The special counsel believes other probationary employees are similarly situated," OSC stated, signalling a potential wave of legal challenges against the mass terminations.
