The Merit Systems Protection Board (MSPB) has directed the U.S. Department of Agriculture (USDA) to reinstate over 5,000 employees who were terminated since February 13, citing potential illegal actions by the agency. This temporary order mandates the return of these probationary workers for 45 days while investigations into their firings continue. The MSPB, functioning as an internal court for federal employee complaints, found that the termination letters lacked consideration of performance and public interest.

Following a request from the U.S. Office of Special Counsel (OSC), investigating the firings, the broad stay was granted after revealing the USDA’s heavy reliance on U.S. Office of Personnel Management (OPM) guidance. The OSC determined that USDA terminated employees based on their job positions rather than performance, contrary to proper mass layoff procedures. This move aligns with similar decisions that have temporarily reinstated probationary workers across various federal agencies.

Special Counsel Hampton Dellinger has urged all federal agencies to voluntarily rescind unlawful terminations of probationary employees. The OSC’s investigation highlights the Trump administration’s efforts to reduce the federal workforce through summary firings, triggering legal challenges and judicial interventions. Notably, Dellinger and MSPB member Cathy Harris, who issued the order, were previously fired by the Trump administration and reinstated by courts. A federal court in San Francisco recently ruled that the mass firings likely violated statutes, prompting the OPM to clarify that agencies have decision-making authority concerning personnel actions.