Washington, DC — Today, Democracy Forward and Alden Law Group submitted a challenge to the U.S. Office of Special Counsel’s (OSC) abrupt reversal of its prior legal conclusions regarding the mass termination of probationary federal employees. Despite seeking a number of stays from the Merit Systems Protection Board (MSPB) to halt unlawful firings – which led to the first reinstatement of probationary employees at six federal agencies – OSC has now informed affected employees that it will not pursue their cases, an about-face that leaves thousands of public servants unprotected against unlawful action.

Thousands of probationary federal employees were terminated en masse under the Trump administration’s directive to slash the federal workforce. Following efforts by Democracy Forward and Alden Law Group, OSC successfully petitioned the MSPB to halt the terminations, recognizing them as unlawful Reductions in Force (RIFs) and a clear violation of federal civil service protections. Yet in April, after the firing of the former OSC Special Counsel, OSC issued a notice abandoning those claims without disputing any of the facts or legal analysis it previously laid out.

“The Office of Special Counsel is responsible for making decisions based on the law, not the whims of political leadership. This politically-motivated reversal is an alarming retreat from OSC’s statutory responsibility to protect federal employees from prohibited personnel practices,” said Skye Perryman, President and CEO of Democracy Forward. “OSC’s refusal to act—despite its own findings—undermines the merit-based principles that are foundational to a professional, nonpartisan civil service. The federal workforce and the American people deserve better.”

In its April 21 notice, OSC stated it was “unable to pursue” claims related to the terminations because they were likely “effected in accordance with the new administration’s priorities.” This rationale is legally incoherent and abdicates OSC’s duty to uphold civil service law.

“OSC has a clear mandate: protect federal workers from political retribution and unlawful personnel actions,” said Rob Shriver, Managing Director of Democracy Forward’s Civil Service Strong. “What happened here was not routine personnel management. It was a government-wide purge that violates both the letter and spirit of the law. Turning a blind eye to such abuse isn’t just a failure of leadership—it’s a violation of OSC’s core mission.”

“OSC’s course reversal signals a drastic departure from the Special Counsel’s statutory role as an independent watchdog,” said Michelle Bercovici, Partner at the Alden Law Group PLLC. “There is no question here as to the law or the facts – these probationary employees were fired in a massive and illegal purge, without regard to their performance, conduct, or abilities. Never before has there been a prohibited personnel practice carried out in this scale, and OSC’s refusal to remedy and address these violations of civil service principles abrogates its duty under the law.”

Democracy Forward and Alden Law Group are calling on OSC to withdraw its closure notices and resume its efforts to hold agencies accountable for mass terminations carried out without due process or individual review. At stake is not only justice for the thousands wrongfully fired but the integrity of the civil service itself.

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Democracy Forward is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org.