KCNF’s Elaine Fitch recently participated in a webinar addressing the challenges facing federal probationary employees who were fired under the Trump administration.
Key Takeaways from the Discussion
- Preserve Your Rights
- Strict Deadline: Fired federal probationary employees have 30 days from termination to appeal their case to the Merit Systems Protection Board (MSPB).
- Legal Basis for Appeal: Employees can allege that their termination was based on partisan political reasons or an improper Reduction in Force (RIF).
- Filing a Complaint: Employees also have 3 years to file a complaint with the Office of Special Counsel (OSC) for violations of prohibited personnel practices.
- Class Actions Available: Several law firms, organizations, and unions, including Democracy Forward, AFGE, NFFE, and NTEU are pursuing class actions on behalf of affected employees.
- Choosing Legal Counsel
- Federal employment law is a highly specialized area. Employees should seek attorneys experienced in this field.
- Resources for Finding Representation: Organizations like MWELA, NELA, and the C. Bar’s MyDCLawyer can help connect employees with qualified legal counsel.
- Legal representation is not restricted by location. Lawyers outside D.C. can still represent federal employees.
- Updates on Ongoing Litigation
- OSC’s Legal Action: The OSC has secured a temporary stay for six fired probationary employees across various federal agencies, including the VA, Department of Education, HUD, DOE, U.S. Forest Service, and OPM.
- Federal Court Ruling: A lawsuit filed in the U.S. District Court for the Northern District of California challenged the mass firings. The court ruled that the terminations were “likely unlawful” and issued a temporary restraining order against OPM.
The webinar was sponsored by the Women’s Bar Association of D.C. and co-sponsored by the American Constitution Society (ACS) DC Lawyers Chapter and the Metropolitan Washington Employment Lawyers Association (MWELA).