Federal watchdog says firing of probationary employees was illegal
A top watchdog in the federal government said that the mass firings of probationary employees appear illegal, and asked a specialized labor board to pause the terminations of six employees in six different federal agencies so the watchdog organization can investigate.
Hampton Dellinger, in a federal whistleblower protection entity called the Office of Special Counsel, made the announcement Monday. Just over a week ago, the probationary employees and their lawyers asked him to go to bat for them before the Merit Systems Protection Board, which protects federal workers against partisan politics and illegal employment practices.
"The language in (the workers') termination notices is quite similar and does not describe any specific issues with any of the (the workers') performance or conduct," says Dellinger's request to reinstate an employee of the Department of Veterans Affairs. "Notably, only three of the notices mention performance or conduct at all as a justification for the termination, and none provide any detail or individualized assessment."
Dellinger wrote in a statement that the terminations appear "contrary to a reasonable reading of the law," particularly the law about reductions in force. Federal law generally requires 60 days' notice for a reduction in force and prohibits probationary employees from being fired for reasons unrelated to performance or conduct.
The employees in question were fired by the Departments of Veterans Affairs; Education; Energy; Housing and Urban Development; Agriculture; and the Office of Personnel Management, Dellinger wrote.
The White House did not immediately respond to a request for comment.
Trump fired Dellinger, a Joe Biden appointee, on Feb. 7, but he sued and was temporarily reinstated. The Supreme Court declined to take up the administration's case while Dellinger's challenge goes forward.
Federal workers must go through specialized channels when they believe their rights have been violated, and the Office of the Special Counsel and the Merit System Protection Board are two of those key channels.
Probationary employees, those recently hired or promoted, have fewer means of challenging a dismissal and must largely rely on the Special Counsel to back them.