Class actions allege that the mass terminations of probationary employees violated workers’ rights under federal law
The class action filings are believed to be the first on behalf of thousands of probationary employees fired in February
Washington, D.C. – Federal employees announced today the filing of class action appeals against multiple federal agencies, alleging that the Trump administration violated their rights under federal law. The proposed classes include federal employees who were terminated in recent weeks on the basis that they were in a probationary or trial period.
Leading employment and civil rights attorneys representing federal workers say that the recent purge violated at least a dozen laws, regulations, and constitutional protections. The workers argue that the mass terminations constituted a constructive reduction in force (RIF), which require that government agencies consider an employee’s tenure, performance and veteran status when making termination decisions. Regulations also typically require 60 days advance notice of termination in a RIF. Instead, public servants were abruptly terminated, with total disregard for these key protections.
The unprecedented purge of the civil service has left workers, agencies and the public reeling. Thousands of federal employees were fired without cause, notice or severance. Agencies are struggling to function without the staffing needed to provide vital services to the American people.
“It feels like the rug has been pulled out from under us,” said Allison Keating, a New Hampshire native and single mother of two, who was fired last month after a 24-year career in public service. “You spend your whole life doing the right things to build your experience and career: go to college, volunteer, work hard, two jobs, night school. And then suddenly everything you’ve worked for your whole life for is gone. I am worried about how to pay my mortgage and support my two daughters.” Keating worked for U.S. Fish and Wildlife, where she helped implement Pittman-Robertson funded wildlife management, research and conservation across 13 states.
The appeals were filed with the Merit Systems Protection Board (MSPB), an independent agency that oversees and protects the rights of federal employees.
“This case is about holding the government accountable to its own rules,” said Christopher Bonk, partner at Gilbert Employment Law. “By circumventing RIF procedures, the administration undermined fundamental job protections for federal workers and set a dangerous precedent that cannot go unchallenged. The thousands of probationary workers who were terminated have rights, and we look forward to ensuring they have their day in court.”
“These workers were terminated without the protections afforded them under the law, and we will ensure that their voices are heard,” said Daniel Rosenthal, partner at James & Hoffman. “Probationary employees have rights in a reduction in force – rights that federal agencies violated in carrying out these mass terminations.”
Probationary federal workers who were terminated can find more information on appeals here.
“I’ve dedicated my life to serving this country — on the battlefield and in the public sector. Being laid off without any notice or cause turned my life upside down,” said Jammie Mosser, a veteran and father of two who worked at the Veterans Affairs office in his home state of Michigan. “But this isn’t just about the harm to federal employees and their families. These layoffs will devastate the communities who depend on government services, like the millions of veterans who rely on the VA when they return home from duty.”
The employees are represented by a group of leading employment and civil rights law firms Brown Goldstein Levy, Cohen Milstein Sellers & Toll, Gilbert Employment Law and James & Hoffman.
If you are a federal employee affected by ongoing RIFs, mass probationer terminations, directed reassignments or the deferred resignation program, and wish to discuss your rights, consider contacting Gilbert Employment Law to request an initial consultation.