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House Democrats Urge Expanded Protections for Newly Hired Federal Workers

A coalition of 85 House Democrats has appealed to the Office of Special Counsel (OSC) to extend its initiative aimed at safeguarding federal employees who have recently been hired, promoted, or transferred amidst a troubling pattern of mass dismissals in the federal sector.

Earlier this week, the OSC made a request for the Merit Systems Protection Board (MSPB) to impose a 45-day stay on the termination decisions affecting six federal employees still within their probationary periods. The MSPB granted this request. Additionally, a federal judge in Northern California issued a ruling on Thursday mandating that the Trump administration revoke the directives that facilitated these probationary firings, citing the Office of Personnel Management’s (OPM) lack of authority to sanction such actions.

In a letter addressed to Special Counsel Hampton Dellinger—who was reinstated to his position following a court order—the group of lawmakers, led by Representative Ayanna Pressley from Massachusetts, encouraged Dellinger to broaden the scope of his inquiry to include all probationary employees affected by recent firings.

According to OPM data available as of May 2024, over 200,000 federal employees have been hired in the past year. Those still in their probationary periods experience diminished civil service rights but retain the ability to contest their terminations through the MSPB. Conversely, transferred or promoted employees who have transitioned into their roles more than a year ago maintain complete due process rights from their previous positions.

In their letter, the lawmakers expressed support for the OSC’s decision to recommend a halt on the termination of probationary federal workers, noting the significant consequences this could have on the job security of nearly 200,000 government employees and the vital services they provide to citizens. They urged the OSC to act decisively in reinstating all unjustly terminated civil servants and to shield them from further mistreatment.

The OSC indicated earlier this week that Dellinger is investigating the possibility of extending the agency’s findings to encompass others affected by the recent dismissals, without requiring individual applications to the OSC or MSPB.

The agency remarked, “The special counsel believes that additional probationary employees are in similar circumstances to the six workers for whom he is currently advocating relief. Dellinger is contemplating methods to seek broader relief without necessitating individual filings with the OSC.”

Pressley and her colleagues also called on Dellinger to consider disciplinary measures against those officials who promoted and executed the plan targeting probationary workers.

“While your recent recommendation specifically pertains to named complainants, it is imperative that it be expanded and finalized to encompass all affected government employees,” they emphasized. “Moreover, agency officials responsible for carrying out this unlawful scheme should face significant disciplinary consequences. Congress has conferred upon the OSC and the MSPB the investigatory and enforcement powers necessary to challenge these illicit abuses of authority, and we stand firm in our commitment to assist in this crucial effort.”

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