Special Counsel Hampton Dellinger today applauded a “stay," or pause, granted by the U.S. Merit Systems Protection Board (MSPB), of all the likely impermissible terminations of probationary employees at the U.S. Department of Agriculture (USDA).
The Board ordered that all “probationary employees whom the agency has terminated since February 13, 2025, pursuant to letters stating, 'The [a]gency finds, based on your performance, that you have not demonstrated that your further employment at the [a]gency would be in the public interest,' shall be placed in the positions that they held prior to the probationary terminations."
The stay, requested by OSC last Friday, requires USDA to temporarily rescind for 45 days the terminations of more than five thousand probationary employees USDA has terminated since February 13th, allowing OSC to continue investigating the legality of those actions.
“I want to thank the MSPB for granting this important stay," said Special Counsel Hampton Dellinger. “Agencies are best positioned to determine the employees impacted by these mass terminations. That's why I am calling on all federal agencies to voluntarily and immediately rescind any unlawful terminations of probationary employees."
Dellinger added: “The Office of Personnel Management recently clarified that 'Agencies have ultimate decision-making authority over, and responsibility for, such personnel actions.' My agency will continue to investigate and take appropriate action on prohibited personnel practices including improper terminations of probationary employees. Voluntarily rescinding these hasty and apparently unlawful personnel actions is the right thing to do and avoids the unnecessary wasting of taxpayer dollars."
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