MSPB Orders Stay on Firings of Six Federal Employees

Feb. 25, 2025, 11:36 pm ET

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  • The Merit Systems Protection Board (MSPB) has ordered a stay on the firing of six federal probationary employees.
  • The U.S. Office of Special Counsel alleges these firings violated federal law by not providing individualized cause for termination.
  • The affected employees, including disabled veterans, were fired without performance issues.

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Essential Context

The Merit Systems Protection Board, a quasi-judicial agency that handles federal employee labor disputes, has intervened in the President Trump’s administration’s recent firings of six probationary federal employees. These employees, who included disabled veterans working for the Departments of Education and Veterans Affairs, were terminated without any performance issues being cited.

Core Players

  • Hampton Dellinger – Special Counsel, U.S. Office of Special Counsel
  • Donald Trump – Current President of the United States
  • Merit Systems Protection Board (MSPB) – Quasi-judicial agency handling federal employee labor disputes
  • Democracy Forward and the Alden Law Group – Legal advocacy groups that filed the class complaint

Key Numbers

  • 6 – Number of federal probationary employees whose firings were stayed
  • 2 weeks – Timeframe during which the firings occurred
  • 3 business days – Timeframe for MSPB to grant or deny the stay, after which it will take effect automatically if no action is taken

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The Catalyst

“Firing probationary employees without individualized cause appears contrary to a reasonable reading of the law,” stated Hampton Dellinger, Special Counsel. This assertion led to the request for a stay on the terminations.

The decision came after a class complaint was filed by Democracy Forward and the Alden Law Group, highlighting potential violations of federal personnel laws.

Inside Forces

The firings were part of a broader effort by the President Trump’s administration to downsize the federal workforce, allegedly using probationary status as a pretext. The affected employees were evaluated based on their probationary status rather than individual performance.

This move has raised concerns about the adherence to legal principles guiding federal employee evaluations and terminations.

Power Dynamics

The U.S. Office of Special Counsel has significant influence in protecting federal workers from illegal actions. Hampton Dellinger’s request for a stay underscores the agency’s commitment to enforcing federal personnel laws.

The President Trump’s administration’s actions, however, reflect a broader strategy to reshape the federal workforce, potentially bypassing traditional civil service protections.

Outside Impact

The decision has broader implications for federal employees and the civil service system. It may set a precedent for how future administrations can manage the federal workforce.

Stakeholders, including federal employee unions and advocacy groups, are closely watching the developments, as they could impact job security and the fairness of the employment process.

Future Forces

The MSPB’s decision could lead to further investigations into similar firings within the federal workforce. Special Counsel Dellinger is considering ways to seek relief for a broader group of federal employees who were similarly fired.

Additionally, this case may prompt legislative or administrative actions to clarify and strengthen federal employment laws and protections.

Data Points

  • January 20, 2025 – Date when the President Trump’s administration began implementing changes to federal workforce policies
  • February 24, 2025 – Date when the U.S. Office of Special Counsel requested the stay
  • 3 business days – Timeframe for MSPB to act on the stay request

The ongoing dispute highlights the tensions between the President Trump’s administration’s workforce policies and the legal protections in place for federal employees. As this situation evolves, it will continue to shape the landscape of federal employment and civil service regulations.