Watchdog claims Trump administration's termination of probationary employees could breach federal law
A federal watchdog has announced that he is looking into the overall legality of the widespread terminations occurring within the federal government.
TroibNews 
A federal watchdog responsible for workplace protections for federal employees has suggested pausing the Trump administration's termination of six probationary workers from various agencies. Furthermore, he is exploring options to assist other recently fired probationary employees.
This recommendation comes from U.S. Special Counsel Hampton Dellinger, who is currently embroiled in his own legal battle against President Donald Trump's efforts to remove him from his position on February 7. Preliminary court rulings have allowed Dellinger to continue in his role for the time being.
On Monday, Dellinger stated that terminating probationary workers constitutes an “apparent violation of federal personnel laws” and should be halted for 45 days while his office conducts an investigation.
While his recommendation specifically addresses six individuals, Dellinger is also evaluating the legality of broader mass terminations across the federal government initiated by Elon Musk’s Department of Government Efficiency.
“The Special Counsel believes other probationary employees are similarly situated to the six workers for whom he currently is seeking relief,” Dellinger’s office communicated. “Dellinger is considering ways to seek relief for a broader group without the need for individual filings.”
Typically, federal employees serve a “probationary” period, though its duration can differ from one agency to another.
Dellinger highlighted that one of the six dismissed probationary employees, a communications specialist at the Department of Energy, had received a performance rating of “significantly exceeds expectations” in December 2024 yet was terminated on February 13 “despite her supervisor’s request for the agency to retain her.”
“Firing probationary employees without individualized cause appears contrary to a reasonable reading of the law, particularly the provisions establishing rules for reductions in force,” Dellinger remarked in a statement following his recommendation.
The other probationary employees for whom Dellinger sought relief include a lawyer at the Department of Housing and Urban Development, a benefits analyst at the Office of Personnel Management, a program support assistant at the Education Department, a loan specialist at the USDA, and a disabled U.S. Navy veteran employed as a training specialist at the Department of Veterans Affairs.
Dellinger leads the Office of Special Counsel, an independent agency within the executive branch that oversees numerous aspects of the civil service, including whistleblower protections.
His recommendations will be forwarded to the Merit Systems Protection Board, an agency established in the 1970s that ensures a merit-based employment system within the government.
Earlier in the month, Trump attempted to remove Dellinger from the special counsel role, prompting the Biden-appointee to initiate legal proceedings. The case quickly escalated to the Supreme Court, marking it as the first challenge to Trump’s efforts to reform the federal bureaucracy to reach this level. On Friday, the court delayed its decision until February 26, when a lower court order is set to expire, permitting Dellinger to remain in his post for the time being.
Olivia Brown contributed to this report for TROIB News
This recommendation comes from U.S. Special Counsel Hampton Dellinger, who is currently embroiled in his own legal battle against President Donald Trump's efforts to remove him from his position on February 7. Preliminary court rulings have allowed Dellinger to continue in his role for the time being.
On Monday, Dellinger stated that terminating probationary workers constitutes an “apparent violation of federal personnel laws” and should be halted for 45 days while his office conducts an investigation.
While his recommendation specifically addresses six individuals, Dellinger is also evaluating the legality of broader mass terminations across the federal government initiated by Elon Musk’s Department of Government Efficiency.
“The Special Counsel believes other probationary employees are similarly situated to the six workers for whom he currently is seeking relief,” Dellinger’s office communicated. “Dellinger is considering ways to seek relief for a broader group without the need for individual filings.”
Typically, federal employees serve a “probationary” period, though its duration can differ from one agency to another.
Dellinger highlighted that one of the six dismissed probationary employees, a communications specialist at the Department of Energy, had received a performance rating of “significantly exceeds expectations” in December 2024 yet was terminated on February 13 “despite her supervisor’s request for the agency to retain her.”
“Firing probationary employees without individualized cause appears contrary to a reasonable reading of the law, particularly the provisions establishing rules for reductions in force,” Dellinger remarked in a statement following his recommendation.
The other probationary employees for whom Dellinger sought relief include a lawyer at the Department of Housing and Urban Development, a benefits analyst at the Office of Personnel Management, a program support assistant at the Education Department, a loan specialist at the USDA, and a disabled U.S. Navy veteran employed as a training specialist at the Department of Veterans Affairs.
Dellinger leads the Office of Special Counsel, an independent agency within the executive branch that oversees numerous aspects of the civil service, including whistleblower protections.
His recommendations will be forwarded to the Merit Systems Protection Board, an agency established in the 1970s that ensures a merit-based employment system within the government.
Earlier in the month, Trump attempted to remove Dellinger from the special counsel role, prompting the Biden-appointee to initiate legal proceedings. The case quickly escalated to the Supreme Court, marking it as the first challenge to Trump’s efforts to reform the federal bureaucracy to reach this level. On Friday, the court delayed its decision until February 26, when a lower court order is set to expire, permitting Dellinger to remain in his post for the time being.
Olivia Brown contributed to this report for TROIB News
