The Blubber

Thousands of fired Department of Agriculture employees must be reinstated for at least the next 45 days, following a ruling Wednesday from the chair of a federal civil service board.

The decision, issued by Cathy Harris, chair of the Merit Systems Protection Board (MSPB), found that the recent dismissals of more than 5,600 probationary employees may have violated federal laws and layoff procedures.

The ruling is a major setback for the Trump administration’s push to rapidly shrink the federal workforce. While it currently applies only to the USDA, it could set a precedent for reinstating tens of thousands of other probationary workers fired en masse across federal agencies.

However, the decision does not definitively resolve the legality of the mass terminations. The administration could still pursue alternative measures, such as placing the reinstated employees on administrative leave or refiring them through a formal reduction in force (RIF) process.

For now, the USDA is barred from carrying out the terminations for the next 45 days while the MSPB continues its review. During this period, fired workers must be returned to their previous positions, Harris wrote in her decision.

Trump's Federal Workforce Overhaul Faces Legal Challenges

The MSPB, an independent three-member body within the executive branch, handles federal employee complaints related to terminations and suspensions.

Meanwhile, President Donald Trump is actively seeking to fire Harris herself. She is currently fighting in court to retain her position, citing federal laws that limit the president’s authority to remove her.

Trump’s broader effort to streamline the federal government has focused on probationary employees—those with one or two years of service who lack full civil-service protections.

In her ruling, Harris criticized the USDA’s use of generic form letters—allegedly created by the Office of Personnel Management (OPM)—which informed fired employees that they had failed to demonstrate their suitability for continued public service based on performance issues.

The USDA has not yet commented on the ruling.

Federal Special Counsel Also Targeted by Trump

The ruling came in response to a petition from Special Counsel Hampton Dellinger, a watchdog for the federal workforce. Dellinger argued that USDA’s claims of performance issues were questionable.

Trump has also attempted to remove Dellinger from his position, but like Harris, he is legally protected from arbitrary dismissal and is challenging his removal in court.

Dellinger welcomed the ruling and signaled that he is considering similar legal actions to protect thousands of other probationary employees across federal agencies.

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