The Office of Special Counsel (OSC) requested a 45-day stay on the probationary termination of John Doe and over 5,000 other individuals by the Department of Agriculture (USDA). The OSC alleges that the terminations, based on generic letters citing performance, violate merit system principles and may constitute prohibited personnel practices. The Merit Systems Protection Board (MSPB) granted the stay, finding OSC’s request reasonable and deferring to their initial determination.
OSC alleges that USDA improperly terminated probationary employees as part of a reorganization without following RIF procedures and thereby violated the law as a result. OSC contends that the agency’s actions violated merit system principles, including fair treatment and retention based on performance, and deprived employees of due process rights.
MSPB granted the stay request. In its order, MSPB said:
- Mr. John Doe (petitioner) and other probationary employees terminated since February 13, 2025, will be reinstated to their previous positions.
- The agency shall not make any changes in the duties or responsibilities of the aforementioned employees that are inconsistent with their salary or grade level, or impose any requirements that are not required of other employees in comparable positions, salaries, or grade levels.
The stay requires USDA to temporarily rescind for 45 days the terminations of more than five thousand probationary employees terminated by the agency since February 13. This is to give OSC additional time to continue investing the legality of USDA’s actions.
OSC Special Counsel Hampton Dellinger said, “I want to thank the MSPB for granting this important stay. 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.”
