A federal board paused the firings of 6 probationary employees after fired Biden holdover Hampton Dellinger ruled their firings were illegal.
President Trump fired Hampton Dellinger, Special Counsel of the Office of Special Counsel (not to be confused with a special counsel hired as a federal prosecutor) a few weeks ago.
However, shortly after the firing, corrupt Obama Judge Amy Berman Jackson sided with Hampton Dellinger, issued an administrative stay, and allowed him to keep his job.
President Trump filed an emergency application to the US Supreme Court, however, the high court held Trump’s emergency request “in abeyance”, which means that the court could make a decision at a later date.
Emboldened by the Supreme Court’s refusal to intervene, Hampton Dellinger is now attacking President Trump’s decision to terminate “probationary” employees.
In a statement released on Monday, Hampton Dellinger said some of Trump’s firings of probationary employees appear to be illegal.
“Last Friday, Special Counsel Hampton Dellinger filed initial requests to “stay,” or pause, the apparently impermissible terminations of six probationary employees across various executive branch agencies. The requests, filed with the U.S. Merit Systems Protection Board (MSPB), seek a 45-day stay of the terminations because there are reasonable grounds to believe that agencies engaged in prohibited personnel practices (PPPs) under 5 U.S.C. § 2302(b)(12) by terminating the employees in violation of federal laws and regulations governing probationary terminations and reductions in force,” Hampton Dellinger’s office said.
“Since the Civil Service Reform Act was passed in 1978, the merit system principles have guided how federal government agencies hire, manage, and, if necessary, remove federal employees. These principles establish that all federal employees, including those in a probationary status, should be evaluated based on individual performance,” Dellinger said.
Dellinger added: “Firing probationary employees without individualized cause appears contrary to a reasonable reading of the law, particularly the provisions establishing rules for reductions in force. Because Congress has directed that OSC ‘shall’ protect government employees from PPPs, I believe I have a responsibility to request a stay of these actions while my agency continues to investigate further the apparent violation of federal personnel laws.”
Late Tuesday evening, the Merit Systems Protection Board ordered a 45 day stay on Trump’s firings of 6 employees.
The federal agency will also explore ways to expand the order to halt firings of other probationary employees.
Reuters reported:
A U.S. agency on Tuesday halted the terminations of six federal government employees who U.S. President Donald Trump’s administration targeted in its mass firings of probationary workers.
The Merit Systems Protection Board, an independent agency that hears appeals by government employees when they are fired or disciplined, issued the decision, opens new tab at the behest of a watchdog agency whose leader’s removal by Trump has been stalled by the courts.
While the decision to stay the six employees’ terminations for 45 days only applies to a handful of the thousands of probationary federal employees recently fired, their lawyers said they hoped to expand the order to cover others.
A dramatic hearing unfolded in a DC federal court Wednesday morning as the TRO blocking the Trump Admin from firing Hampton Dellinger expires.
The judge will issue a ruling soon. Stay tuned.
