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A wave of layoffs hitting the federal government as part of the Trump administration’s work to reduce the federal workforce has led to a heavy case load for the U.S. Merit Systems Protection Board.
William Spencer with the MSPB said while he was unable to provide exact numbers, the board has seen an “uptick in appeals” since President Donald Trump took office.
The board is an independent federal agency which hears cases from around the country. It recently received attention after Trump attempted to fire the board’s chairman, Cathy Harris. A federal judge later stepped in, halting the firing.
Kevin Owen, an employment attorney and partner at Gilbert Employment Law, P.C. based in Maryland, said it’s important to note, that despite the headlines, cases are still moving through the process.
“There are dozens of administrative judges around the country that are still on the payroll, hearing cases and issuing decisions,” Owen said.
He said federal workers who experience a RIF, or reduction in workforce, can appeal the action.
Probationary employees at most agencies can also appeal the decision that led to their departure. Appeals can be made for alleged instances of “political discrimination or marital discrimination,” among others. Also, probationary employees may have a case if they are being let go for what appears to be a RIF.
Owen said the biggest piece of advice he has for workers challenging their dismissal is to consult an attorney before filing an appeal.
“In filing things either with the union, the Office of Special Counsel, the EEOC, or the Merit Systems Protection Board, you may be making a decision about what litigation you’re locked into without really knowing what your rights are,” Owen said.
Owen said many federal workers are being told they are being let go for performance reasons, when there are no performance reasons cited. He said it appears the letter some are receiving tries to “pigeonhole” the firing of probationary employees into a “very specific legal rationale.”
“What a lot of people that aren’t federal employment lawyers or federal employees believe is probationary means ‘at will.’ It does not, and you cannot simply fire a federal employee who’s in a probationary status, because you can get rid of them without them having an appeal right,” Owen said.
Owen urged those who are probationary employees and have been fired, or believe they will be fired, to not give up hope.
“We are all working our hardest to ensure that you can get justice, if we are able to get there,” Owen said.
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