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The government’s top cop for policing federal workers’ rights has urged the Merit Systems Protection Board to hit pause on the Trump administration’s attempt to fire some probationary workers, saying it appears the ousters are “impermissible.”
Hampton Dellinger, the U.S. special counsel, said federal law requires that all employees be evaluated on their individual performance. He said the mass firings of employees still on their probation periods may violate that law.
The Trump team targeted probationary employees, or those with less than a year or two in government service, because it argued they had less civil service protection.
But Mr. Dellinger said they do appear to be protected from being caught up in a general purge.
“Firing probationary employees without individualized cause appears contrary to a reasonable reading of the law, particularly the provisions establishing rules for reductions in force,” he said. “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.”
Meanwhile, Mr. Trump has moved to fire Mr. Dellinger himself.
A federal judge has put that firing on hold, and the Supreme Court last week declined to intervene, leaving Mr. Dellinger to be a hurdle to the president’s plans.
Mr. Dellinger said he usually wouldn’t have commented on the probationary employees’ cases but since they’re getting public attention, he felt free to reveal details.
He said he has filed challenges to six probationary employee firings.
In one example he released, a program support assistant at the Education Department was given a termination notice on Feb. 12 — just hours after receiving an attaboy from his supervisor, who called him “a perfect fit” for the team.
He was one of roughly 60 Education Department probationary employees canned.
Mr. Dellinger asked the MSPB — the first line of defense for federal workers seeking to fight adverse employment decisions — to pause the firings for 45 days.
Democrats hailed Mr. Dellinger’s stand against Mr. Trump.
“It is precisely because these independent agencies provide accountability under the rule of law that Donald Trump has sought to undermine and paralyze them,” said Rep. Jamie Raskin, Maryland Democrat.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.