The U.S. Merit Systems Protection Board (MSPB) has temporarily halted the dismissal of approximately 5,900 probationary employees at the U.S. Department of Agriculture (USDA), citing concerns over potential violations of personnel laws. The board described these terminations as “planned eliminations” rather than individual assessments of performance or conduct.
In a stay issued Wednesday, MSPB member Cathy Harris, who has been fighting for her own position, stated that there were reasonable grounds to believe these firings violated civil service protections. Harris pointed to findings from an investigation by the Office of Special Counsel (OSC), led by Hampton Dellinger, which outlined alleged personnel violations related to the terminations.
Dellinger, who was appointed in 2024 to enforce whistleblower protections, filed a petition with the MSPB last week requesting a stay on the mass dismissals. His petition asserted that the USDA removed these employees without evaluating their individual performance or determining their fitness for federal employment. Instead, the agency allegedly categorized their positions as nonessential without following proper procedures.
Dellinger himself was removed from his position in January through a brief email, leading him to file a lawsuit challenging his dismissal. A federal judge recently ruled that his removal was illegal and unprecedented. Harris faced a similar fate in February when she was informed of her immediate termination via email. However, a federal judge ruled in her favor, granting her a preliminary injunction and reinstating her to her position. The court determined that MSPB members are protected from removal without cause under federal law, making her termination unlawful.
For the USDA case, Dellinger and the OSC argue that federal agencies cannot dismiss probationary employees as part of a broader restructuring effort without following proper reduction-in-force (RIF) procedures. These laws require agencies to provide justification and adhere to merit system principles, ensuring employees are not dismissed arbitrarily.
The MSPB has now stayed the USDA firings for 45 days to allow further investigation. Harris noted that given the large number of employees involved, it was necessary to pause the terminations to fully assess potential violations.
Dellinger emphasized that probationary employees in the competitive service can only be terminated for performance or conduct issues. If an agency seeks to remove employees for restructuring reasons, it must follow the legal process for a reduction in force, rather than issuing mass dismissals without consideration of individual qualifications.
A federal judge also reinstated Harris, ruling that MSPB members, as part of a quasi-judicial and quasi-legislative agency, are protected from at-will dismissal. The decision cited a longstanding Supreme Court precedent that shields certain federal boards from direct presidential control.
The MSPB’s decision to block the USDA dismissals, along with the recent legal victories of Harris and Dellinger, underscores ongoing tensions over federal employment protections and presidential authority over agency personnel.
