Special Counsel Requests Reinstatement of Fired Federal Employees

Feb. 24, 2025, 9:45 pm ET

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  • U.S. Special Counsel Hampton Dellinger has requested the temporary reinstatement of six federal employees fired under recent policy changes.
  • The move is part of a broader intervention into the President Trump’s administration’s purge of probationary employees.
  • Dellinger is exploring relief options for other affected employees.

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Quick Brief

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Essential Context

The intervention comes in response to the President Trump’s administration’s implementation of Executive Order “Restoring Accountability to Policy-Influencing Positions Within the Federal Workforce,” which allows for the reclassification and potential termination of certain federal employees without the usual protections.

Core Players

  • Hampton Dellinger – U.S. Special Counsel
  • Donald Trump – President who signed the Executive Order
  • Merit Systems Protection Board (MSPB) – Federal watchdog agency involved in the reinstatement request

Key Numbers

  • 6 – Number of federal employees requested to be temporarily reinstated
  • January 20, 2025 – Date the Executive Order was signed
  • 90 days – Timeframe for agencies to conduct preliminary reviews of policy-influencing positions

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The Catalyst

The President Trump’s administration’s Executive Order, signed on January 20, 2025, aimed to reclassify certain federal positions, making them more susceptible to termination. This move has sparked significant concern among federal employees and watchdog agencies.

Special Counsel Hampton Dellinger’s intervention is a direct response to these concerns, seeking to protect the rights of affected employees.

Inside Forces

The Executive Order creates a new Schedule Policy/Career in the excepted service for policy-influencing positions, exempting them from the usual competitive service protections. This change allows for more flexible management but also raises concerns about politicization and job security.

Agencies are required to conduct reviews of these positions within 90 days, with further reviews every year thereafter.

Power Dynamics

The Office of Personnel Management (OPM) has been directed to rescind previous regulations that impeded the implementation of this Executive Order. This move gives significant power to the President and his appointees in managing these policy-influencing positions.

The Merit Systems Protection Board (MSPB), however, has the authority to review and potentially overturn these decisions, balancing the power dynamics.

Outside Impact

The implications of this Executive Order extend beyond the federal workforce. It could influence the overall efficiency and stability of government operations, as well as the morale of federal employees.

Critics argue that it could lead to a more politicized federal workforce, while supporters see it as a necessary step for better accountability and performance management.

Future Forces

As the situation unfolds, several key areas will be under scrutiny:

  • Legal challenges to the Executive Order
  • Impact on federal workforce morale and turnover
  • Potential changes in performance management and accountability

Data Points

  • January 27, 2025 – Date of OPM guidance on implementing the Executive Order
  • April 20, 2025 – Deadline for agencies to submit interim recommendations for Schedule Policy/Career positions
  • 2016 Merit Principles Survey – Highlighted poor performance management in federal agencies

The ongoing battle between the President Trump’s administration’s policy changes and the interventions by federal watchdog agencies underscores the complexity and stakes involved in managing the federal workforce. As the legal and administrative battles continue, the future of federal employment policies remains uncertain.