Federal Employee Terminations Violate Merit-Based Hiring and Layoff Laws, Lawyers Allege
Complaint Filed with Office of Special Counsel
Lawyers representing a group of recently terminated federal employees have filed a complaint with the Office of Special Counsel, alleging that the dismissals violated federal laws governing merit-based hiring and layoffs. The complaint requests an investigation into the firings and reinstatement of the affected workers.
Merit-Based Employment System
The complaint highlights the federal government’s intricate merit-based employment system. Probationary employees, who are typically in their first year of employment, are subject to performance assessments before gaining permanent status. They must demonstrate their capabilities and compete for their positions, unlike permanent employees who enjoy greater job security.
Indiscriminate Terminations
The complaint argues that the recent mass terminations were "by definition, not based on the performance of the individual employee." It asserts that probationary employees must be evaluated individually based on their performance and cannot be fired solely due to their limited time in service.
Violation of Due Process Rights
Melanie Stratton, a former Labor Department attorney, raised concerns about the due process violations in the termination process. She emphasized that the Trump administration is attempting to disregard regulations and laws governing federal employment.
Mass Reduction in Force Requirements
The complaint also points to a federal law mandating 60 days’ notice prior to implementing a mass workforce reduction. The law further requires individual employees to receive 60 days’ notice of their termination.
President Trump’s Executive Order
President Trump’s executive order of February 11 instructed agency heads to prepare for significant workforce reductions and separate temporary and certain retired Pentagon workers.
Alleged Violation of Layoff Regulations
According to Stratton, the mass terminations may have violated reduction in force regulations. She believes the administration may have attempted to implement a blanket RIF without adhering to established procedures.
Additional Concerns
The complaint further alleges that:
- The terminated employees were not provided with adequate performance evaluations or due process before their dismissals.
- The terminations were politically motivated and targeted individuals with differing political views.
- The dismissals violated the Whistleblower Protection Act by retaliating against employees who reported concerns about the process.
Legal Options for Probationary Employees
Filing a complaint with the Office of Special Counsel is one avenue for probationary employees to seek reinstatement. However, they have fewer legal options than permanent employees and may face an uphill battle in challenging the terminations.
Response from the White House and Office of Special Counsel
As of the article’s publication, the White House and Office of Special Counsel had not responded to requests for comment.
