Trump Administration Ordered To Reinstate Thousands Of Fired Usda Workers

Thousands of fired workers at the Department of Agriculture must get their jobs back for at least the next month and a half, the chair of a federal civil service board ruled Wednesday.

The ruling said the recent dismissals of more than 5,600 probationary employees may have violated federal laws and procedures for carrying out layoffs.

The decision from Cathy Harris, the chair of the Merit Systems Protection Board, is a blow to the Trump administration’s effort to drastically and quickly shrink the federal bureaucracy. Though it applies only to the USDA, it could lay the groundwork for further rulings reinstating tens of thousands of other probationary workers whom the Trump administration has fired en masse across the government.

But it’s far from a final resolution of the legality of the mass terminations. The administration may have further options to place the reinstated workers on administrative leave or fire them again as part of a formal “reduction in force.”

The ruling blocks the USDA from implementing the firings for 45 days while the merit systems board continues to review the issue. During that time, fired workers must “be placed in the positions that they held prior to the probationary terminations,” Harris wrote.

The merit systems board is a three-member independent agency in the executive branch that adjudicates federal employees’ complaints over terminations or suspensions.

Meanwhile, President Donald Trump is separately trying to fire Harris herself. She is fighting in court to keep her job because a federal law limits the president’s ability to remove her from her position.

Trump’s effort to reduce the workforce across the federal government has targeted probationary workers — typically workers who have been in their positions only for a year or two and lack full civil-service protections.

Harris took particular aim at the USDA’s decision to use form letters, apparently crafted by the Office of Personnel Management, telling the dismissed employees that “based on your performance … you have not demonstrated that your further employment at the agency would be in the public interest.”

USDA did not immediately respond to a request for comment.

Harris’ ruling came in response to a petition filed by Special Counsel Hampton Dellinger, who serves as a watchdog for the federal workforce. He argued to the board that USDA’s claims of performance issues appeared dubious.

Trump has also tried to fire Dellinger. Like Harris, he is protected by federal law from being arbitrarily fired and is fighting in court to hold onto his job.

Dellinger welcomed the stay Wednesday and telegraphed that he is exploring the possibility of seeking similar short-term protection for thousands of other probationary workers beyond USDA.

“I am calling on all federal agencies to voluntarily and immediately rescind any unlawful terminations of probationary employees,” Dellinger said in a statement.

“My agency will continue to investigate and take appropriate action on prohibited personnel practices including improper terminations of probationary employees. Voluntarily rescinding these hasty and apparently unlawful personnel actions is the right thing to do and avoids the unnecessary wasting of taxpayer dollars,” he added.

The Trump administration quickly pointed to Harris’ decision as proof that the courts should put a stop to Dellinger’s continued activity, which they say is at cross-purposes with the president. Dellinger, however, downplayed his role in the process of restoring the terminated employees, saying he merely made recommendations to the board.