May 23, 2025
The class certification brings fired probationary employees one step closer to potential reinstatement and sets back the Trump administration’s efforts to gut the federal workforce
WASHINGTON, D.C. – In what is believed to be a first since the Trump administration issued government-wide layoffs, the Merit Systems Protections Board (MSPB) today granted class certification to fired probationary employees at the Department of Homeland Security (DHS). The decision allows fired probationary employees at the agency to join this class action and seek reinstatement.
Though federal courts have slowed the Trump administration’s push to cut down the federal workforce overall, this move marks a major victory for fired probationary workers, who lack many of the protections that other federal workers enjoy, at the MSPB.
“This is heartening news for the scores of probationary workers whose rights have been trampled on and whose lives were turned upside down by what we believe were illegal reductions in force,” said Christopher Bonk, partner at Gilbert Employment Law. “We’re looking forward to continuing our fight to get these employees back to serving the mission they joined the civil service to pursue.”
Leading employment and civil rights attorneys representing federal workers say that the widespread probationary employee layoffs violated at least a dozen laws, regulations, and constitutional protections. The workers argue that the mass terminations constituted a constructive reduction in force (RIF), which require that government agencies consider an employee’s tenure, performance and veteran status when making termination decisions. Regulations also typically require 60 days advance notice of termination in a RIF. Instead, public servants were abruptly terminated, with total disregard for these key protections.
The probationary DHS employees are represented by Brown Goldstein Levy, Cohen Milstein Sellers & Toll, Gilbert Employment Law and James & Hoffman.
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About Brown Goldstein Levy
For almost four decades, Brown, Goldstein & Levy has been recognized as Maryland’s leading private law firm for high impact, public interest cases. Our attorneys have handled these challenges in the Supreme Court and most of the federal appellate circuits, as well as in state courts throughout Maryland and around the country. The attorneys at Brown, Goldstein & Levy devise creative and practical solutions to workplace issues. And when negotiated solutions are not possible, we provide effective and tenacious representation. Whether you are a top executive or an hourly wage worker, we can help you understand your rights at work, negotiate fair deals, and litigate aggressively when your rights have been violated. Our lawyers provide counseling and advice about employee rights under state and federal employment laws. We help executives negotiate contract and severance terms, file large wage and hour cases to protect employees’ rights to overtime and equal pay, and advocate for employees in whistleblower, discrimination, contract, non-competition, and compensation matters.
About Cohen Milstein Sellers & Toll PLLC
Cohen Milstein Sellers & Toll PLLC, a premier U.S. plaintiffs’ law firm, with over 100 attorneys across eight offices, champions the causes of real people—workers, consumers, small business owners, investors, and whistleblowers—working to deliver corporate reforms and fair markets for the common good. It has litigated landmark civil rights and employment disputes before the highest courts in the nation and continues to actively shape civil rights and employment law in the United States.
About Gilbert Employment Law, P.C.
Gilbert Employment Law, P.C., is the worker’s voice in litigation involving employee rights violations. Gilbert’s attorneys are highly skilled in representing federal employees before the Equal Employment Opportunity Commission (EEOC), the Merit Systems Protection Board (MSPB), the Office of Special Counsel (OSC), the Office of Personnel Management (OPM) and other federal administrative agencies. Gilbert Employment Law, P.C., has also represented employees in county and state courts, as well as U.S. District and Appeals Courts.
About James & Hoffman
James & Hoffman is a law firm that represents workers and labor unions across the country, advancing their interests in critical matters arising in state and federal courts, administrative proceedings, and arbitrations. The firm is a national leader in representation of federal government employees. It is based in Washington, D.C.