In the ongoing debate over downsizing the federal workforce, a significant development has emerged involving the U.S. Department of Agriculture (USDA). A government watchdog has called for the reinstatement of over 5,000 probationary employees who were dismissed as part of the effort initiated under the Trump administration. The Office of Special Counsel, representing this initiative, announced the request on Friday, with further details revealed on Tuesday. Should the Merit Systems Protection Board agree to this request, it would temporarily reinstate these employees for a 45-day period while an investigation unfolds, potentially leading to their permanent rehiring.
Special Counsel Hampton Dellinger explicitly criticized the manner in which these dismissals were executed, suggesting they contradicted established federal personnel laws. This matter holds implications beyond the USDA, as similar situations may be scrutinized across various government departments. Probationary employees, who are typically more recent hires and lack full civil service protection, have frequently found themselves vulnerable to layoffs within federal structures. Notices of termination often cited unsatisfactory performance as the cause for dismissal, executed with minimal consultation.
The current scenario forms part of broader turbulence within the federal workforce, accentuated by the contested attempts to remove certain officials from their roles. Notably, Trump’s administration has sought to dismiss both Dellinger and Catherine Harris, an appointee to the Merit Systems Protection Board by President Joe Biden. However, these removal attempts have faced legal roadblocks, most recently highlighted by U.S. District Judge Rudolph Contreras’s decision preventing the dismissal of Harris. The judge declared that Trump’s attempted removal of Harris lacked legal grounds, as it did not demonstrate inefficiency, neglect of duty, or malfeasance, the necessary criteria for such an action.
The legal challenge emphasizes the longstanding stability expected in such constitutional matters, underscoring Harris’s lawyers’ argument suggesting no ambiguity regarding the legality of these actions. Despite this judicial setback, the administration has appealed Contreras’s ruling. Harris, holding a pivotal role since her appointment in 2022, was informed of her intended dismissal in February, even as her term was set to extend until 2028. Meanwhile, another board member, Raymond Limon, has recently retired.
In defense, government representatives argue against judicial intervention in the president’s executive decisions. They assert that the electorate’s mandate empowers Trump with executive oversight and personnel decisions within the branch, including board appointments. They contend that the president’s decision not to retain Harris should stand unchallenged in representing the public’s interest.
Significantly, the Merit Systems Protection Board ensures protection for federal employees against political retribution or wrongful terminations. It oversees over 5,000 cases yearly, maintaining the balance and fairness necessary for federal employment matters. Notably, recent executive orders issued under Trump have triggered an influx in case appeals processed by this body, further illustrating the current contention.
Additionally, a recent decision by U.S. District Judge Amy Berman Jackson favored Dellinger in a related legal matter, which might make its way to the U.S. Supreme Court, indicating that the legal battles surrounding federal employment policies are far from over.
