Federal Probationary Terminations: What We Know About Class Actions and Individual Challenges
Mar 04, 2025
Federal Probationary Terminations: What We Know About Class Actions and Individual Challenges
Are Recent Probationary Terminations Illegal?
A federal judge in California recently suggested that many probationary terminations of federal employees may have been unlawful. Around the same time, the Office of Special Counsel (OSC) sought a stay before the MSPB for six probationary employees, arguing that their terminations should be reversed. Now, the OSC is seeking the reinstatement of 5,000 Department of Agriculture employees.
This is unprecedented, and the situation is rapidly evolving. While it’s unclear how things will play out, we want to ensure terminated federal employees have access to all available resources.
Two Potential Class Action Efforts
Right now, at least two groups are trying to challenge these terminations on a broader scale:
-
One firm appears to be working on a class action or class actions before the Office of Special Counsel (OSC) including DOA mentioned above.
- This group is attempting to challenge probationary terminations by arguing that they violate merit system principles or federal reduction-in-force (RIF) rules.
- If you’re a terminated probationary employee, you may want to contact them to see if you qualify for their case.
- This is unprecedented, but the legal arguments we believe check out, and we wish them the best.
-
Another firm is reportedly trying to bring a class action before the Merit Systems Protection Board (MSPB).
- We don’t have as much information about this case yet, but we will provide a link so that you can review their efforts and decide whether to reach out.
đź’ˇ We recommend that all terminated probationary employees check out these options. Even if you don’t end up joining a class action, submitting your information to these firms is a simple and free step you can take.
We’ve provided links to both class action efforts here:
đź”— Class Action Before OSC - Learn More
đź”— Class Action Before MSPB - Learn More
What If You Want to Challenge Your Termination on Your Own?
Some employees are choosing to move forward individually, rather than waiting for a class action.
For many, the first step is filing a complaint with the OSC, because:
âś… Filing with OSC is free.
âś… OSC can request a stay of your termination while they investigate.
âś… OSC can refer cases to the MSPB for corrective action.
Even if you later decide to pursue a class action or legal representation, filing an OSC complaint preserves your rights and creates a record of your termination.
If you've been terminated as a probationary federal employee, you might feel overwhelmed, especially if you suspect your termination was unjust or improperly handled as part of a hidden Reduction-in-Force (RIF). Filing a complaint with the U.S. Office of Special Counsel (OSC) can be a critical step in protecting your rights and possibly reversing your termination.
This post will comprehensively guide you on how to properly file your complaint with OSC, increase your chances of OSC investigation, and understand how a stay request could temporarily halt your termination or seek corrective action.
What is the Office of Special Counsel (OSC)?
The OSC is an independent federal agency responsible for protecting federal employees from prohibited personnel practices (PPP), including unlawful terminations or hidden RIFs. Probationary employees typically have fewer appeal rights, but OSC offers a path to challenge unjust employment decisions, especially if they violated merit principles or RIF rules.
When Should You File with OSC?
You should consider filing a complaint with OSC if:
- Your termination was part of a mass firing or broader agency restructuring.
- Your termination notice used vague or identical language seen in other recent terminations (e.g., "not in the public interest" or "in line with Administration priorities").
- You received no individualized performance assessment or prior warnings.
- You were not given proper notice or RIF rights before termination.
How to Submit a Strong Complaint to OSC: Step-by-Step
Step 1: Draft Your OSC Complaint Letter
Include these key points clearly:
- Who You Are (your name, agency, position, dates of employment).
- What Happened (termination date, language used in termination letter, and lack of performance issues).
- Why It Was Unlawful (cite violations of RIF procedures, lack of individualized assessment, or prohibited practices).
- What You Want OSC to Do (investigate your complaint and seek a stay of your termination).
Example:
"I am Sam Sample, a former Program Analyst at USDA, hired in January 2024 under a one-year probationary period. On February 13, 2025, I was terminated with a notice stating, 'Your further employment would not be in the public interest,' without any prior performance issues. I believe this termination violated federal RIF procedures under 5 U.S.C. § 3502 and constitutes a prohibited personnel practice under 5 U.S.C. § 2302(b)(12). I request OSC investigate my complaint and seek a stay from MSPB."
Step 2: Gather Supporting Evidence (Required Documents)
Include copies of:
- Your termination notice
- Your SF-50 (Notification of Personnel Action)
- Recent performance evaluations or positive supervisor emails
- Any internal agency memos or news articles mentioning the restructuring or mass terminations
Step 3: Submit Your Complaint to OSC
Option A: Submit Online (Recommended)
- Visit OSC’s online portal: https://osc.gov (you can also currently see the stay request they have filed in other cases and MSPB response)
- Select "File a Complaint," then choose "Prohibited Personnel Practice Complaint (PPP)."
- Upload your complaint letter and supporting documents.
- After submission, save your confirmation number.
Option B: Submit by Mail
Send your printed complaint letter and all supporting documents via certified mail or tracking service to:
U.S. Office of Special Counsel
1730 M Street NW, Suite 218
Washington, D.C. 20036-4505
What Happens After You File?
OSC will likely (just guessing here):
- Acknowledge receipt within 1-2 weeks (save your case number).
- Perform an initial review within 4-6 weeks, possibly asking for additional details.
- Decide within approximately 6-12 weeks if they will investigate.
If OSC investigates and finds merit, they can file a request to the MSPB for a stay, temporarily pausing your termination.
Tracking Your Complaint & Following Up with OSC
- Check your case status online regularly using your OSC case number.
- Follow up politely by email ([email protected]) or phone (202-804-7000) if you haven't heard back within 4-6 weeks.
Want More Guidance? Considering going to the MSPB or EEOC too? Check Out Our Comprehensive Video Series!
We understand how stressful and confusing probationary terminations can be, and we've created a detailed, step-by-step video course designed specifically for probationary federal employees like you who want more information on how to advocate for themselves at the OSC and/or MSPB. Our course provides clear, detailed explanations and helps you:
- File powerful, persuasive OSC complaints.
- Prepare your MSPB appeals effectively.
- Protect your rights under federal law and increase your chances of getting your job back.
- Reduce stress with mindfulness techniques integrated into every lesson.
While we've provided substantial free guidance here to get you started, our video series goes deeper, breaking down each step to make the legal process manageable and empowering.
👉 Click Here to Learn More About Our Video Series and Get the Help You Need Today!
Taking action now can protect your federal career. We're here to help you through every step of this journey.