By Marshall Cohen, CNN
Washington (CNN) — In a significant reshaping of the federal workforce, President Donald Trump has made headlines not just for his policies but for his actions that have led to the termination of tens of thousands of federal employees this year. This sweeping change has far-reaching implications, making the path to reinstatement more challenging for those terminated workers, as the President exerts influence over labor agencies mandated to uphold their rights.
The alteration of the federal employment landscape encompasses a series of moves that include weakening the authority of independent labor boards, appointing loyalists to vital roles in agencies designed to defend civil servants, and issuing executive orders that effectively nullify collective bargaining rights for many federal employees. As a result, government workers are finding fewer avenues to contest their dismissals, leading some to pursue legal action while others consider abandoning their quest for justice altogether.
“It is significantly more difficult for a federal employee to have their case heard by an independent body,” remarked Ray Limon, a former member of the Merit Systems Protection Board (MSPB). He emphasized a troubling trend towards diminishing the due process traditionally afforded to federal workers, describing it as “unparalleled in the history of our government.”
With over 2 million federal employees protected by Congressional mandates aimed at ensuring due process in termination cases, the impact of these changes is palpable. New and established employees alike—whether they are probationary hires or seasoned civil servants—are facing unprecedented obstacles as they navigate the complicated avenues available to contest their firings under the Trump administration.
Trump Loyalists Take Charge
The transformation of the landscape for terminated employees has been starkly illustrated by events at the Office of Special Counsel (OSC). Formed in the wake of the Watergate scandal, this agency was designed to protect merit-based systems within the federal workforce and often serves as an advocate for employees before the MSPB.
Hampton Dellinger, appointed to OSC prior to Trump’s presidency, encountered immediate conflict with the administration upon its arrival. Dellinger publicly challenged Trump’s mass firings of probationary workers, asserting their unlawfulness and successfully advocating for the reinstatement of 6,000 employees. His actions were widely celebrated as a landmark victory for civil service protection.
However, Dellinger’s tenure was short-lived. Following his departure—fired by Trump—the agency saw a shift in leadership towards loyalists. Veterans Affairs Secretary Doug Collins took on a temporary role, followed by U.S. Trade Representative Jamieson Greer. Under Greer’s direction, the OSC reversed course, withdrawing support for the reinstatement of any probationary employees, adopting a markedly different stance in favor of the administration’s priorities.
Weakening Federal Labor Boards
The Trump administration has initiated a strategic weakening of key federal labor boards, serving as safeguards against the abuse of power and workplace discrimination. The MSPB and the Equal Employment Opportunity Commission (EEOC) currently operate without a quorum after several members were terminated, undermining their effectiveness and leaving them unable to function at full capacity.
The ramifications are significant; the MSPB cannot offer final rulings on workers’ complaints in the absence of a quorum, while the EEOC lacks the ability to initiate critical litigation or vote on key policy changes. This operational paralysis introduces yet another layer of difficulty for employees seeking justice.
Moreover, some former MSPB members have turned to legal actions to reclaim their positions, striving to restore a functioning quorum. Despite the uphill battle, their efforts underscore the importance of maintaining independent oversight in the federal workforce.
Very Unusual Moves
Current signs suggest that the Trump administration may be deliberately delaying certain MSPB cases. Historically, it has been the practice for the agency at the center of a worker’s complaint to mount a defense. Yet, the Office of Personnel Management (OPM) has intervened in numerous pending cases involving Justice Department officials fired as part of the administration’s broader decision to reshape its workforce. This intervention is considered highly unusual and suggests a deeper layer of political maneuvering.
One notable case involves Liz Oyer, first a pardon attorney who claims her termination resulted from her refusal to comply with inappropriate pressure from Trump appointees. The Oyer case exemplifies the frustration felt by many terminated employees navigating a labor landscape increasingly sympathetic to the administration.
Turning to the Courts
As numerous former workers grapple with the multi-faceted bureaucratic structures designed to address complaints, many feel lost in a sea of confusing legal jargon and overlapping agencies. Traditionally, union stewards played a crucial role in guiding employees through this process, but recent executive actions from Trump targeting collective bargaining rights have further eroded the support available to these workers.
Alex Berman, a union leader with the Internal Revenue Service, has reported that many employees are unsure of their rights in the wake of these changes. The very entities that were supposed to provide guidance, namely unions, find their power diminished, creating a vacuum of support for federal employees who are now left to navigate the legal waters largely on their own.
Despite these challenges, some unions have mounted legal challenges against the Trump administration, successfully blocking certain initiatives, including the collective-bargaining ban. This legal push reflects a concerted effort to ensure that employees retain their rights amidst a rapidly changing political landscape.
Looking for New Jobs
The ongoing disruption and uncertainty have prompted some civic groups to take measures to support displaced federal employees. Caitlin Lewis, executive director at Work For America, has initiated efforts to connect those impacted by the firings with opportunities in state and local government. Her organization’s CivicMatch platform has seen a surge in interest, reflecting the urgency felt by many workers seeking stability in an increasingly volatile workforce.
Many individuals are motivated to seek positions beyond the federal sector, often out of necessity as they grapple with declining morale and a prevailing sense of frustration. Lewis notes that countless workers are unwilling to weather indefinite uncertainty within the federal government, turning their focus toward local governments that are actively seeking to fill their ranks with experienced public servants.
The ongoing upheaval in the federal workforce presents a stark reminder of the complexities lurking within government employment. As the landscape continues to evolve, both employees and advocates are left to navigate a challenging terrain, striving for justice and re-establishing rights that have been compromised in the wake of sweeping political maneuvers.
