TL/DR –
The independent government agency responsible for protecting the rights of federal workers, the Office of Special Counsel, has decided to end its inquiry into over 2,000 complaints claiming the Trump administration unlawfully terminated probationary employees. The agency stated that these employees were not fired due to individual causes, but as part of a governmentwide effort to reduce federal service. The decision by the agency, now led by a loyal member of Trump’s cabinet, Doug Collins, leaves few avenues for government employees to challenge their terminations.
US Agency Drops Investigation into Trump Termination of Probationary Employees
The Office of Special Counsel (OSC), an independent agency entrusted with safeguarding federal workers’ rights, has decided to abandon its investigation into over 2,000 complaints of unlawful termination by the Trump administration, as indicated by email notifications reviewed by The New York Times. The OSC confirmed to the affected employees that they could not proceed with the allegations due to the collective nature of the dismissals, which were part of Trump’s plan to “reduce the federal service”.
This move significantly restricts one of the few options government employees had to contest their dismissals. It coincides with Trump’s decision to oust the office’s leader and temporarily replace him with a staunch supporter, Doug Collins, the secretary of veterans affairs. The OSC’s responsibilities include protecting whistle-blowers from retaliation, scrutinizing employment-related issues, and investigating claims of prohibited personnel practices, such as discrimination or nepotism.
The OSC chose not to reveal how many of the over 2,000 terminated probationary employees with pending complaints received the notice. Federal employment law experts labeled the reasons for terminating the investigations as unclear. Administrative law specialist Nick Bednar stated that the office is attempting to justify the mass firings as being part of a legal process, despite not being an official government reorganization known as a reduction in force.
Trump, keen on removing many government watchdogs, quickly fired the previous office leader, Hampton Dellinger. Dellinger briefly resumed his post, thanks to a lower court ruling in February, enough to begin investigating the flood of complaints about the mass termination of probationary workers. However, after a setback in his own employment case, Dellinger ceased contesting his removal. Trump then appointed Collins temporarily, who decided to discontinue the investigations.
The majority of employees who pursued claims hail from at least four different agencies. They were collectively fired in February over vague performance issues despite positive reviews from managers. The Trump administration selected probationary employees for its first significant workforce reduction due to their limited protections compared to longtime workers.
With the recent development, the federal employees’ only remaining option to contest their dismissals may be through one of the various class-action lawsuits pending before the Merit Systems Protection Board. However, Trump also ousted the head of this board, rendering it incapacitated without a quorum and unable to make decisions. A probationary employee with the Environmental Protection Agency stated that she plans to fight her firing as long as possible, despite the rapidly closing options.
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