Attorneys have announced the filing of class action appeals with a federal board on behalf of thousands of federal employees dismissed by President Donald Trump. Christopher Bonk, a partner at Gilbert Employment Law, confirmed that several appeals have been initiated against various federal agencies, with approximately 15 more forthcoming.
The appeals focus on the dismissal of probationary federal employees and aim to have the involved workers reinstated with back pay. These legal actions are directed at a federal board, an independent agency that safeguards federal employees from political retaliation or retribution for whistleblowing. Unlike individual terminations, these dismissals are alleged to be large-scale organizational layoffs, referred to as reductions in force, which are subject to stringent procedural regulations.
According to legal requirements, government agencies should account for an employee’s tenure, performance, and veteran status when enacting terminations during a reduction in force. Furthermore, the law typically mandates a 60-day notice period prior to executing such terminations.
“The Trump administration has neglected these procedural laws, leading to significant confusion and harm within civil service,” Bonk expressed during a call with journalists. Bonk is based in Silver Spring, Maryland. Trump has cited intentions to eliminate fraud, waste, and inefficiency within the federal government. Alongside his advisor Elon Musk’s Department of Government Efficiency, the administration has overseen the dismissal of both seasoned and new workers, instructing agency heads to prepare for substantial reductions in workforce.
Probationary employees, who are relatively new and lack complete civil service safeguards, have been the principal targets. Many faced abrupt termination allegedly due to inadequate performance. Daniel Rosenthal, a partner with James & Hoffman in Washington, added that these dismissals infringe on multiple regulations, laws, and constitutional tenets.
“All involved were given no prior notice, severance, or assessments of their qualifications and job performance,” noted Rosenthal. Allison Keating, a former probationary employee at the U.S. Fish and Wildlife Service, also shared her experience. She is among the myriad affected workers grappling with financial uncertainty.
Keating described the dismissals as life-altering, stressing the broader societal implications of losing dedicated public servants. Although probationary workers have limited legal recourse, Rosenthal emphasized that an “improper reduction in force” provides a legitimate basis for almost any employee, including those in trial status, to contest such actions directly before the Merit Systems Protection Board (MSPB).
“The class actions aim to ensure justice for federal employees,” Rosenthal stated, emphasizing their solidarity with labor unions and nonprofits challenging the administration through court actions. The board’s administrative judges resolve about 5,000 cases annually.
The board is comprised of three Senate-confirmed members nominated by the president, serving seven-year appointments, with no more than two from the same political party. Recently, Trump has attempted to dismiss Cathy Harris, the board chair appointed by President Joe Biden, a Democrat. However, U.S. District Judge Rudolph Contreras overruled this attempt, declaring it unlawful as it was not based on “inefficiency, neglect of duty, or malfeasance in office.”
