Fired DHS, Interior probationary workers challenge MSPB ruling

Federal News Network ^ | July 21, 2026 | Justin Doubleday

[Dr. Franklin]

Fired probationary employees from the Department of Homeland Security and the Interior Department are continuing to challenge the legality of their terminations last year, this time by taking their fight to federal appeals court.

Attorneys representing those ex-probationary employees filed an opening brief in the U.S. Court of Appeals for the Federal Circuit earlier this month. They are challenging a Merit Systems Protection Board ruling that determined the MSPB lacked the jurisdiction to review whether the firings were illegal.

The July 7 brief, filed by attorneys with the law firm Gupta Wessler, argues the MSPB erred in ruling that the probationary firings were not reductions in force (RIFs). The filing argues the MSPB should review cases where the government may not have followed RIF procedures, even if probationary employees are involved.

“In February 2025, the Trump administration illegally cut tens of thousands of jobs, bypassing safeguards for veterans and long-time public servants,” Jennifer Bennett and Thomas Scott-Railton, attorneys with Gupta Wessler, said in a statement. “The administration claims that because it did not comply with the law, nobody can challenge these mass terminations. That’s as backwards as it sounds. We look forward to presenting our case to the Federal Circuit.”

Last year, Interior terminated about 1,700 probationary employees, while DHS fired 313 staff.

They were among more than 25,000 probationary employees who were fired by the Trump administration in early 2025. Probationary employees are generally within their first year on a federal job and have less protections than more tenured federal employees.

Last September, a federal judge ruled that the Office of Personnel Management illegally directed agencies to fire probationary employees en masse “under false pretense.” He directed agencies to update the employees’ personnel files to specify that they weren’t fired for performance issues.

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TOPICS: Culture/Society; Government
KEYWORDS:

[Dr. Franklin]

The 1883 Pendleton Act made it a criminal offense punishable by a minimum of 10 days imprisonment to falsely report on the "proper standing" of a civil servant, or injuring his/her employment or advancement in the civil service, and has not been changed. This administration has already been found to violate merit systems principles by claiming that thousands of federal probationary workers had failed their probationary period without any performance evaluations having been completed. The judge ordered the administration to rescind that finding and correct workers' employment records, but lacked jurisdiction to order the workers be rehired. The matter was left to the Merit Systems Protection Board to decide, and after Trump removed the previously appointed Office of Special Counsel and the Chair of the MSPB, it found no violations. Now the matter is up to the Court of Appeals for the Federal Circuit, and reversal of the MSPB is likely. That would possibly mean that the government will be required to rehire the probationary employees with back pay.

[5th MEB]

They are “PROBATIONARY” employees, you can fire them if you don’t like the way they brush their teeth!

[5th MEB]

They are “PROBATIONARY” employees, you can fire them if you don’t like the way they brush their teeth!

[5th MEB]

Sorry about the double post, but the best way to get rid of a “PROBATIONARY EMPLOYEE” is to just say they are not fitting into the organization!

[LegendHasIt]

Yep.
Isn’t amazing how the Probationers themselves and the lawyers don’t understand the word “Probationary”.

But I suppose that English may not be Deepak Gupta’s first language and he should be excused for not quite grasping its meaning.

In your preferred language of Sanskrit, Deepak, the word would be परिवीक्षाधीन.

[Zathras]

You sure the law firm wasn’t “Gupta Trists”?

[aimhigh]

Notice how everything Trump does is challenged in court. The goal is to overwhelm the DOJ to make sure there are no lawyers left to take on the Russian Collusion group.

[Dr. Franklin]

Notice how everything Trump does is challenged in court. The goal is to overwhelm the DOJ to make sure there are no lawyers left to take on the Russian Collusion group.

Do you really think that tens of thousands of federal workers wouldn't contest losing their jobs in court? Trump has been testing the limits of presidential power under Article II, but no president had previously done what Trump did by firing as many probationary employees hired by his predecessor as he did.

[Dr. Franklin]

They are “PROBATIONARY” employees, you can fire them if you don’t like the way they brush their teeth!

Looking at the composition of this court, expect the Court of Appeals for the Federal Circuit to declare this was a Reduction In Force (RIF) of the federal work force and that the statutory and administrative law requirements were not met. By law, each agency is required to complete annual performance reviews of the staff. Failing to do that is a big deal, and will likely lead to the conclusion that the terminations were improper as another judge or two has already concluded. The legal issue is which federal court has jurisdiction to order a remedy, and what that might be.

[Dr. Franklin]

You sure the law firm wasn’t “Gupta Trists”?

No, it's definitely Gupta Wessler, LLP. Their brief is here:
https://www.guptawessler.com/wp-content/uploads/2026/07/Probationary-Employees.Opening-Brief.pdf

[ProtectOurFreedom]

“PROBATIONARY” — idiots not clear on the concept!! People with so little common sense should not be working in the government in the first place.

[Dr. Franklin]

“PROBATIONARY” — idiots not clear on the concept!! People with so little common sense should not be working in the government in the first place.

Hmmm...Well, if the law is so clear, why did not prior president do what Trump did since the Pendleton Act created a Civil Service Commission in 1883?

[Dr. Franklin]

*Hmmm...Well, if the law is so clear, why did no prior president do what Trump did since the Pendleton Act created a Civil Service Commission in 1883?