Probationary Employees: First, we have heard that some probationary employees at the agency were terminated on February 28, 2025. We do not have confirmation about the precise numbers or who was affected.
Summary of next steps
There are three paths for challenging your termination. These paths are not mutually exclusive. You can take all of them, and we suggest that you do.
- On Friday (2/28), NTEU national contacted members about class appeals at the Merit Systems Protection Board. These appeals will argue that federal agencies have violated reduction-in-force procedures. These class appeals do not preclude you from filing with the MSPB individually. You may have to choose one path later, but you can pursue both for now.
- [Fill out this form with the James & Hoffman law firm]
- On Thursday (2/27), NTEU told members about the institutional grievances NTEU is filing at every agency where they represent probationary and trial employees who were terminated. This includes the Federal Trade Commission.
- [NTEU has you covered; no action needed]
- On Wednesday (2/26), NTEU told members about the option for providing your information to the Alden Law Group regarding a class action for a stay (pause) at the Office of Special Counsel (OSC). This complaint alleged that federal agencies committed prohibited personnel practice violations against probationary employees.
- [Fill out this form with the Alden Law Group.]
- Finally, as stated in the termination letters distributed by the agency, probationary employees terminated on February 28 may appeal their terminations individually to the Merit Systems Protection Board by Friday March 28. Please contact your shop’s union steward or [email protected] to request support for an individual appeal.
The James & Hoffman MSPB class appeals complement the Alden Law Group class action at the OSC by alleging additional, separate claims. Therefore, employees may sign up for both cases. You can find additional relevant resources collected by the chapter here.
If you have been terminated, we are so sorry. You deserve better than this. If you or someone you know has been affected, please reach out to us at [email protected]. Also please fill out NTEU’s form gathering information from terminated NTEU members.
The Next Phase in NTEU’s Fight for Terminated Probationary Employees
Also, please see the following information from NTEU National about ongoing efforts to protect terminated probationary employees:
Last week, thousands of our friends and coworkers were fired for one reason and only one reason: They were probationary or trial employees. The arbitrary firing of thousands of federal employees is appalling—and illegal. We’ve been litigating this issue on multiple fronts:
- The first phase was our lawsuit, where an NTEU-led coalition of unions argued in court for emergency relief. Although the coalition made a strong case of irreparable harm, the judge unfortunately denied the unions’ request, saying that he believed the unions must first bring their case to the Federal Labor Relations Authority (FLRA). NTEU continues to press our case in court.
- The second phase is a combination of claims filed at (1) the Merit Systems Protection Board, (2) Institutional Grievances, and (3) Office of Special Counsel.
1. Regarding the MSPB process
Most terminated employees received letters describing their appeal rights to the Merit Systems Protection Board (MSPB) including a deadline, i.e., within 30 calendar days after the effective date of the action, or the date of receipt of the agency’s decision, whichever is later.
NTEU has been actively working with James & Hoffman, a law firm that represents employees and labor unions. The firm is analyzing legal action on behalf of probationary and trial employees affected by mass terminations.
The lawyers will ask that the cases be converted into agency-specific class actions. That means the named complainants would represent all employees in their agency. It is currently unknown whether each case will be allowed to proceed as a class action or whether the Board will require individual employees to submit an appeal.
If you are interested in joining this case at the MSPB, you must fill out this form.
Be sure to read the information provided on the form carefully. We will provide you with any updated information we receive from the James & Hoffman law firm on this matter.
2. Regarding institutional grievances
The judge in our lawsuit found that some of our claims must proceed through the FLRA. This means filing grievances, and we have begun these counterattacks through the administrative process.
NTEU will be filing institutional grievances at every agency where probationary and trial employees have been terminated. Those grievances will challenge the agency’s actions based on law and contract. Keep in mind:
- NTEU represents all bargaining unit employees in the 37 agencies and departments where the union is the exclusive bargaining representative.
- Bargaining unit employees do not have to take any action to be covered by the union’s grievances.
- NTEU will request all available remedies under the law, to include returning probationary and trial employees to work. Plus, back pay for those improperly fired.
3. Regarding the OSC
NTEU has been in active discussions with Democracy Forward, one of the groups bringing this case, about ways that employees in NTEU-represented units can join the case. The original case was filed on behalf of all probationary employees who have been terminated, with the six employees serving as “class representatives.” The Special Counsel at the OSC is considering how to extend the relief out to a broader group of employees without the need for individual filings at the OSC.
If you are a terminated probationary employee, here is how you can join this case: You must fill out this form, which authorizes the Alden Law Group to provide your name and termination notice to the OSC. Be sure to read the information provided on the form carefully.