Trump Admin’s Firings Of Probationary Employees May Violate Federal Law, Watchdog Says

A federal watchdog who oversees workplace protections for federal employees has recommended halting the Trump administration’s termination of six probationary workers across various agencies, and he said he is looking at ways to help other probationary employees who were fired in recent days.

The recommendation comes from U.S. Special Counsel Hampton Dellinger, who is separately fighting a legal battle of his own over President Donald Trump attempting to remove him from his position on Feb. 7. Preliminary court rulings have so far allowed Dellinger to remain in his job.

Dellinger said Monday that the firings of probationary workers are an “apparent violation of federal personnel laws” and should be paused for 45 days while his office investigates.

Though his recommendation covers only six individuals, Dellinger indicated that he is examining the broader legality of the mass terminations that have rippled through the federal government at the behest of 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 said. “Dellinger is considering ways to seek relief for a broader group without the need for individual filings.”

Federal workers typically work for a period under a “probationary” status, though the period of time may vary by agency.

Dellinger pointed out that one of the six fired probationary employees, a communications specialist at the Department of Energy, had received a “significantly exceeds expectations” performance rating in December 2024, though she was fired on Feb. 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 said in a statement following his recommendation.

The other terminated probationary employees Dellinger sought relief for are 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 USDA and a disabled U.S. Navy veteran working as a training specialist at the Department of Veterans Affairs.

Dellinger is the head of the Office of Special Counsel, an independent agency in the executive branch that supervises various aspects of the civil service, including whistleblower protections.

Dellinger’s recommendations will go to the Merit Systems Protection Board, a 1970s-era agency that ensures the government runs on a merit-based employment system. 

Trump earlier this month attempted to oust Dellinger from the special counsel post, a decision the Joe Biden-appointee immediately sued over. That litigation quickly jumped up to the Supreme Court, making it the first case challenging Trump’s attempts to remake the federal bureaucracy to reach the high court. The court on Friday punted its decision until Feb. 26, when a lower court order is set to expire, allowing Dellinger to stay in the post for now.