WASHINGTON, D.C. (Federal News Network) — A group of probationary federal employees who were terminated by the Trump administration is asking the Office of Special Counsel to seek a halt to the mass firings.
The employees are being represented by Democracy Forward and Alden Law Group. In a Feb. 14 complaint to the OSC, the groups allege the Trump administration’s widespread terminations of probationary employees violate multiple Prohibited Personnel Practices under U.S. code.
“The administration’s mass termination of employees in their first or second year on the job is an unprecedented and grossly unfair circumvention of the merit principles upon which our civil service is based,” Michelle Bercovici, a partner with the Alden Law Group, said in a statement. “These hard-working employees should have the opportunity to let their work speak for itself.”
The employees are asking OSC to intervene on their behalf to secure a stay of the probationary terminations. OSC can request a stay of personnel actions from the Merit Systems Protection Board before launching into a deeper investigation of alleged prohibited conduct.
The complaint alleges the terminations were “indisputably conducted with no regard for the performance or conduct of individual probationary employees, are plainly unlawful, violate foundational merit system principles, and constitute multiple prohibited personnel practices.”
The initial complaint covered employees at nine agencies. But the complaint notes more agencies could be added. The Alden Law Group is also asking fired probationary employees to share more information through its website.
The OSC complaint comes as multiple federal employee unions sue the administration in federal court over the mass terminations.
Dan Meyer, a federal employment attorney in Tully Rinckey’s Washington, DC, office, said the class-wide complaint is “unique” for OSC. But it would represent a major case for the independent agency to bring forward to the MSPB.
“That would be a big case,” Meyer said. “That would be a one worth noting in the history of the Merit Systems Protection Board.”
The complaint also comes as the Trump administration seeks to fire the head of OSC, Special Counsel Hampton Dellinger.
A federal judge recently reinstated Dellinger to his position pending the outcome of a Feb. 26 court case. But Trump administration lawyers are now asking the Supreme Court to allow Dellinger’s firing to move forward. A ruling could come as soon as this week.
