Filed Date: Feb. 24, 2025
Case Ongoing
Clearinghouse coding complete
This is a challenge to the second Trump administration's classification of an employee at the Department of Veterans Affairs (VA) as "probationary" and firing of that employee for "poor performance." (To see the Clearinghouse's collection of civil-service-related legal challenges to actions by the second Trump administration, click here.)
On February 24, 2025, a former VA employee (Plaintiff) filed this lawsuit against the VA Secretary in the United States District Court for the District of Columbia. Plaintiff was represented by the Center for Employment Justice. The complaint alleged that Defendant classified Plaintiff as a probationary employee without basis (which meant she did not have the job protections afforded to permanent employees), and that Defendant's stated reason for firing her—poor performance—was pretext for an unlawful purpose. Plaintiff had worked for the VA since March 2006 with no break in service; she began working in the VA Office of General Counsel in May 2024. Defendant's February 13 email terminating Plaintiff attributed the termination to unsatisfactory performance but, Plaintiff alleged, that email was the first time she was notified that her performance was unsatisfactory.
As such, Plaintiff alleged in her complaint that Defendant's actions violated: (1) the Administrative Procedure Act (APA) because insisting that she serve a probationary period and characterizing her performance as "poor"—without basis in fact and without notice or any opportunity to respond—was arbitrary and capricious; (2) Plaintiff's substantive due process right under the Fifth Amendment, in the form of job loss and direct damage to her reputation; and (3) Plaintiff's procedural due process right under the Fifth Amendment by terminating her without prior notice of performance deficiency and without an appeal right (afforded to permanent employees). Plaintiff sought injunctive and/or declaratory relief, including reinstating her to her position at the VA. The case was assigned to District Judge Rudolph Contreras the next day.
On February 28, 2025, Plaintiff filed a motion for preliminary injunction, referring to her firing as part of the Trump administration's "sweeping termination of all probationary employees at the VA" on or around February 13.
The following week, on April 3, Plaintiff voluntarily withdrew her preliminary injunction motion. This came after Plaintiff was reinstated pursuant to a court order from District Judge Alsup in the Northern District of California. See AFGE et al. v. United States Office of Personnel Management, et al., Case No. 3:25-cv-01780-WHA (which the Clearinghouse summarized here).
This case is ongoing.
Summary Authors
Lacie Melasi (3/11/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69669011/parties/schechter-v-collins/
Keith, Pamela M. (District of Columbia)
Peterson, Benton Gregory (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/69669011/schechter-v-collins/
Last updated April 22, 2025, 6:35 p.m.
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. 24, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Former employee of the Department of Veterans Affairs (VA).
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
U.S. Department of Veterans Affairs (- United States (national) -), Federal
Defendant Type(s):
Case Details
Causes of Action:
Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Constitutional Clause(s):
Due Process: Procedural Due Process
Due Process: Substantive Due Process
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Presidential/Gubernatorial Authority: