Federal Board Orders USDA to Reinstate Nearly 6,000 Fired Workers

WASHINGTON, D.C. — The Merit Systems Protection Board (MSPB) has ruled that the U.S. Department of Agriculture (USDA) must temporarily reinstate nearly 6,000 probationary employees who were terminated since February 13. The board determined there are reasonable grounds to believe the agency acted illegally in issuing the dismissals.

The MSPB’s decision, announced on March 5, mandates a 45-day reinstatement period while investigations into the firings proceed. During this time, those affected by the terminations will return to their positions, following a recent pattern of mass probationary employee firings under the Trump administration.

“The board found significant evidence to suggest that the USDA did not adhere to proper protocols in assessing individual employee performance during terminations,” said Cathy Harris, a member of the MSPB.

The USDA had issued standardized termination letters stating that the affected employees had not demonstrated that their continued employment “would be in the public interest.” In contrast, the MSPB’s ruling suggests the department relied heavily on guidance from the Office of Personnel Management (OPM) rather than on specific employee conduct.

Special Counsel Hampton Dellinger, who prompted the MSPB investigation, highlighted that the USDA’s action coincided with an administration-wide initiative to trim federal workforce size, describing the firings as a potential violation of law. “The USDA is required to evaluate employee performance individually rather than implement broad reorganization strategies without due process,” Dellinger stated.

Despite the MSPB’s ruling, many of the reinstated employees remain uncertain about their future. Michelle Kirchner, an entomologist who had worked with agricultural researchers in the USDA, expressed skepticism, stating, “While I appreciate the decision, I worry that these positions may still be at risk due to ongoing administrative downsizing.”

Since mid-February, reports indicate that tens of thousands of probationary employees across various federal agencies have been dismissed. The likelihood of these firings being unlawful has triggered several legal challenges, including the recent federal court ruling that called into question the legality of OPM’s guidance that fostered the dismissals.

In response to the rising conflict, the American Federation of Government Employees (AFGE), which represents 800,000 federal workers, has urged agencies to reconsider their terminations proactively. AFGE National President Everett Kelley emphasized, “Every agency should immediately rescind these unlawful terminations and restore jobs.”

Meanwhile, a hearing in federal court is scheduled for March 13, focusing on the legality of the mass terminations and OPM’s role in facilitating them. Judge William Alsup of the U.S. District Court in San Francisco has hinted at potential implications for the ongoing disputes regarding employee rights and federal employment practices.

The repercussions of the MSPB’s decision and the legal battles surrounding these terminations may have lasting impacts on federal workforce policies, especially regarding how probationary employees are managed moving forward.