Special Counsel Dellinger Statement on Request that MSPB Stay Terminations of Probationary Employees

February 24, 2025

Last Friday, Special Counsel Dellinger filed initial requests to “stay,” or pause, the apparently impermissible terminations of six probationary employees across various executive branch agencies.

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. A redacted example of one of the stay requests can be found here.

OSC does not typically comment on stay requests while they are awaiting a decision by the MSPB.  Consistent with OSC's past practice, Special Counsel Dellinger did not comment publicly on the pending request prior to its apparent disclosure by one of the agencies named as a respondent. Because his stay requests are now being publicly discussed, the Special Counsel provides the following statement.

“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 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."

The Special Counsel believes other probationary employees are similarly situated to the six workers for whom he currently is seeking relief. Dellinger is considering ways to seek relief for a broader group without the need for individual filings with OSC.