Filed Date: Feb. 14, 2025
Case Ongoing
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This is an administrative complaint filed on Feb. 14, 2025, with the Office of Special Counsel (OSC) by complainants (through counsel, Alden Law Group and Democracy Forward), alleging that the Trump Administration's mass termination of thousands of federal probationary employees constituted prohibited personnel practices under 5 U.S.C. 2302, the civil service statute. They sought to represent a class of all such probationary employees and to stay the terminations.
On Feb. 21, 2025, the Office of Special Counsel found "reasonable grounds to believe that the Agencies engaged in prohibited personnel practices," and therefore requested the Merit Systems Protection Board (MSPB) to enter an immediate 45-day stay of the terminations. The Office of Special Counsel was led by Special Counsel Hampton Dellinger. President Trump had fired Dellinger in January, but after Dellinger sued, the U.S. District Court for the District of Columbia granted a temporary restraining order against that firing, and the Supreme Court declined to immediately interfere.
In this case, the OSC MSPB filing explained that termination of probationary employees that was not for performance reasons had to follow the procedures for a "Reduction in Force" or RIF, and that the Administration had not followed those procedures.
In addition, OSC issued a broader statement: "The Special Counsel believes other probationary employees are similarly situated to the six workers for whom he currently is seeking relief. Dellinger is considering ways to seek relief for a broader group without the need for individual filings with OSC."
At the MSPB, the case was heard by Raymond Limon. Noting that he was required to grant the stay request unless it was "inherently unreasonable," He granted the requested 45-day stay on Feb. 25, 2025, he granted, finding "reasonable grounds to believe that each of the six agencies engaged in a prohibited personnel practice under 5 U.S.C. § 2302(b)(12)." He instructed the agencies to restore those employees to their same duties and pay as before. This case is ongoing.
U.S. Office of Special Counsel, ex rel. v. Department of Agriculture, No Court (2025)
State / Territory: District of Columbia
Case Type(s):
Presidential/Gubernatorial Authority
Special Collection(s):
Trump Administration 2.0: Challenges to the Government
Trump Administration 2.0: Challenges to the Government (Appointments/Civil Service)
Key Dates
Filing Date: Feb. 14, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Federal probationary civil service employees fired en masse by the Trump Administration
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Pending
Defendants
Defendant Type(s):
Case Details
Causes of Action:
Merit System Principles, 5 U.S.C §§ 2301 et seq.
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Presidential/Gubernatorial Authority: