A federal judge in California halted the Trump administration's plan to dismiss scores of probationary federal employees, ruling Thursday that the Office of Personnel Management (OPM) "lacks the power to fire employees." The order came during a court hearing in which labor unions and other advocacy groups challenged OPM's wide-scale terminations. The judge's decision marks a turning point in the broader controversy surrounding the White House's repeated efforts to shrink the civil service by targeting workers with under a year of experience.

At issue is whether OPM exceeded its authority when it greenlit agencies and departments to dismiss probationary employees en masse. The plaintiffs argued that these layoffs violate the Administrative Procedure Act and run afoul of congressional guidelines on hiring and firing practices. They further contend that sweeping dismissals undermine essential due-process protections meant to be guaranteed even for short-tenured civil servants.

Despite this judicial block, the administration is still seeking to reduce the federal workforce through other means. Last week, a separate federal judge declined to stop ongoing layoffs, enabling the Department of Government Efficiency (DOGE) to advance its plan of eliminating roles deemed superfluous. In that case, U.S. District Judge Christopher Cooper refused a preliminary injunction sought by labor unions, including the National Treasury Employees Union (NTEU). Cooper noted the court "lacks jurisdiction" over certain union claims, effectively instructing them to instead seek relief through the Federal Service Labor-Management Relations Statute and the Federal Labor Relations Authority.

Meanwhile, many federal employees have turned their hopes to the Merit Systems Protection Board (MSPB), a little-known but influential agency created to guard the "merit system principles" that determine how the federal government hires, promotes, and fires its workers. The MSPB has historically served as a quasi-judicial forum for employees contesting alleged unjust dismissals or suspensions. Now, staffers say they are inundated with appeals from workers targeted by the administration's cuts.

"There are concerns, but there are checks and balance in place," federal employment lawyer Karen Hertz stated. "And that's not something that the president has the authority to do. But nothing like this has ever happened before." According to MSPB data, more than 2,700 cases have been filed since President Donald Trump's inauguration, many of them triggered by the wave of job cuts. One unnamed board employee told CNN, "They are coming in faster than we can process them. We're going to be digging out from this for a long time."

The Merit Systems Protection Board operates with a three-member panel that typically requires a quorum to make final decisions on appeals. Currently, there are worries about the board's stability as Trump appointees attempt to remove or replace certain MSPB members. Judge Rudolph Contreras described the White House's effort to oust MSPB Chair Cathy Harris as "nakedly illegal." Harris, who was appointed in 2022 by President Joe Biden, remains in her position for now while the matter is litigated. The possibility of losing a quorum looms large, since the departure of two members could paralyze final rulings.

Mark Robbins, a former MSPB member who served from 2012 to 2019, called the recent influx of appeals "shocking." He said the staff, numbering under 190 people, "must have their eyes bugging out right now" at the volume of new filings. Although the board has historically prided itself on impartial adjudication, the sudden flood of new cases-combined with ongoing leadership turmoil-raises questions about its capacity to handle the workload promptly.

Complicating matters further is a deferred resignation program the administration offered, in which employees were told they could resign by a certain date and still receive pay through September. Unions say this "fork in the road" approach, along with mass termination letters, has fueled widespread confusion and heightened anxiety among employees, some of whom only joined the federal workforce months ago.

In one noteworthy MSPB decision, a group of six probationary employees was reinstated after they were let go. One worker was a 100% disabled veteran with strong performance reviews prior to receiving a dismissal notice. Skye Perryman, president of the nonprofit Democracy Forward, which spearheads legal challenges to the layoffs, said, "Now that we have this determination, we're going to be requesting broader relief. The individuals we represent are representative of so many individuals in these federal agencies who were terminated improperly without proper cause."

Legal Battles Snapshot:

  • California judge rules OPM "lacks the power to fire employees."
  • DOJ must weigh Cooper's separate ruling that unions lack judicial recourse, directing them to the Federal Labor Relations Authority.
  • MSPB sees influx of more than 2,700 new cases, straining its capacity.
  • Concern grows that White House moves could undermine the board's ability to decide appeals if MSPB leadership is removed or a quorum is lost.