In response to recent mass terminations of federal employees under the Trump administration, a coalition of law firms has initiated class action appeals to the Merit Systems Protection Board (MSPB). These appeals challenge the legality of the dismissals, particularly focusing on the termination of probationary and trial employees across multiple federal agencies. federalworkerrights.com
Agencies Involved:
As of early March 2025, class action appeals have been filed on behalf of employees from the following agencies:
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Federal Deposit Insurance Corporation (FDIC) – Filed February 28, 2025
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Department of the Interior – Filed March 4, 2025
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U.S. Department of Agriculture (USDA) – Filed March 4, 2025
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Department of Veterans Affairs (VA) – Filed March 4, 2025
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Department of Homeland Security (DHS) – Filed March 5, 2025
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Environmental Protection Agency (EPA) – Filed March 5, 2025
Additional appeals are anticipated for other agencies, including the Department of the Treasury and the Department of Transportation. federalworkerrights.com
Basis of the Appeals:
The central argument in these appeals is that the mass terminations constituted a “reduction in force” (RIF) without adherence to mandatory procedures. Under federal regulations, agencies must follow specific RIF procedures during reorganizations, which include providing a 60-day notice to affected employees. The appeals assert that these procedures were not followed, thereby violating the rights of the terminated employees. federalworkerrights.com
Legal Proceedings and Challenges:
The effectiveness of the MSPB is currently in question, as President Trump seeks to remove its Democratic member, Cathy Harris. Harris had previously reinstated 6,000 probationary USDA employees. Additionally, efforts are underway to remove Hampton Dellinger, head of the Office of Special Counsel, who played a role in reinstating the USDA workers. reuters.com
Implications for Affected Employees:
If the class action appeals are successful, affected employees could be reinstated and receive back pay. Currently, employees do not need to take any action to be covered by these appeals. However, those wishing to raise additional claims should consider seeking independent legal advice. federalworkerrights.com
These legal challenges underscore the ongoing tensions between the federal workforce and the administration’s efforts to downsize government operations.
