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By Ewan Palmer
News Reporter
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Six federal employees who were fired as part of President Donald Trump's major government cost-cutting measures will be temporarily reinstated following a ruling by the Merit Systems Protection Board (MSPB).
Why It Matters
The move is the latest blow for the president, who has faced criticism and legal challenges over his administration's major federal spending cuts, overseen by Elon Musk's Department of Government Efficiency (DOGE).
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What to Know
The MSPB is an independent government agency that hears appeals concerning labor disputes involving federal employees.
The Office of Special Counsel (OSC), an investigative and prosecutorial office, had filed requests to the MSPB to grant a stay, or pause, on the dismissal of six federal employees across various agencies who were in their probationary period.
Special Counsel Hampton Dellinger argued that there were "reasonable grounds" to believe agencies engaged in prohibited personnel practices (PPPs) because the individuals were not fired based on their individual performances. PPPs are actions banned by federal agencies because they violate the merit-based principles of federal employment.
On Tuesday, the MSPB issued an order granting a 45-day stay on the firings, meaning each of the six fired employees will be reinstated for the time being at least.
In its ruling, the MSPB said federal law states that any stay request can be approved if it falls within the "range of rationality" and can only be rejected if it is "inherently unreasonable."
Among the thousands of federal employees fired under DOGE's mandate, there were new workers in a probationary period, who do not have the same level of civil service firing protections.
In his February 21 filings to the MSPB, Dellinger said that while probationary employees have only limited rights to challenge personnel actions, the amount of rights they have is not "zero," and probationary employees cannot be terminated "at will."
Dellinger said that in most cases, probationary employees may only be terminated if their performance or conduct shows they are unfit for federal employment and must be given an explanation.
He added that termination notices given to the fired federal employees did not suggest any specific issues with their performance or conduct.
A spokesperson for the MSPB told Newsweek they had no additional comment.
What People Are Saying
MSPB member Raymond A. Limon in Tuesday's ruling: "Considering the deference that must be afforded to OSC at this initial stage, I find that there are reasonable grounds to believe that each of the six agencies engaged in a prohibited personnel practice."
Special Counsel Hampton Dellinger in a Tuesday statement: "I am very grateful the MSPB has agreed to postpone these six terminations. These stays represent a small sample of all the probationary employees who have been fired recently, so our work is far from done. Agency leaders should know that OSC will continue to pursue allegations of unlawful personnel actions, which can include asking MSPB for relief for a broader group of fired probationary employees. I urge agency leaders to voluntarily and immediately rescind any and every unlawful termination of probationary employees."
Nonprofit Democracy Forward President and CEO Skye Perryman told Newsweek in a statement: "The Merit Systems Protection Board's decision to grant this stay is the correct result of a clearly unlawful and massively disruptive action by the Trump administration. We will continue to urge the Office of the Special Counsel and the MSPB to follow the law, protect all federal workers, investigate misconduct, and uphold the independence and integrity of our civil service. We will use all legal tools to defend America's civil service from an Administration seeking to harm them."
What Happens Next
The 45-day stay will allow the OSC to continue its investigation into the firings through to April 10. Any request for an extension must be submitted on or before March 26.
Update 02/26/25, 9:45 a.m. ET: This article has been updated to include a statement Democracy Forward President and CEO Skye Perryman and to note the Merit Systems Protection Board declined to comment further.
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