Probationary Federal Employees Challenge OSC in Court
administrative procedure act federal employment mspb appeals osc lawsuit probationary employees Sep 11, 2025
Five former federal employees filed suit yesterday against the U.S. Office of Special Counsel (OSC), alleging the agency abandoned its duty to protect them from prohibited personnel practices. These plaintiffs—all probationary employees swept up in mass firings earlier this year—say OSC initially agreed their complaints had merit. But once the Senate-confirmed Special Counsel was replaced by political appointees, OSC reversed course and closed more than 2,000 cases in one stroke.
The Legal Argument: Arbitrary and Capricious
At the heart of the case is Title 5 of the U.S. Code, which created OSC to safeguard all federal workers, regardless of probationary status. The lawsuit contends that OSC’s blanket refusal to consider probationary complaints wasn’t just a policy change—it was an unlawful rewrite of the law. In administrative law terms, the plaintiffs argue this reversal was “arbitrary and capricious” under the Administrative Procedure Act. Courts have long held that agencies cannot flip positions without reasoned explanation. By ignoring its prior findings and evidence, OSC may have crossed that line.
Why This Matters for Federal Employees
Probationary workers traditionally have fewer avenues of appeal. That makes OSC’s role critical: it is supposed to be the safety net for employees who experience retaliation, political interference, or other prohibited practices. If the court orders OSC to reopen these cases, it could restore protections for thousands of employees and reaffirm that even probationers are not without recourse. For the broader federal workforce, the ruling would set a precedent that agencies cannot sidestep statutory mandates for political convenience.
Practical Steps If You’re on Probation
If you are a probationary employee, do not assume you are powerless. You still have rights under the law:
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Document everything. Keep dates, emails, and witness names if you face discipline or termination.
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Act quickly. Filing deadlines in OSC and related forums can be short—sometimes just weeks.
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Seek guidance. An experienced attorney can help determine whether your situation involves prohibited personnel practices.
A Mindful Perspective
It’s natural to feel anxious when headlines suggest protections are slipping away. But remember: the law evolves through challenges like this one. Every case filed, every argument made, shapes the landscape of federal employment rights. Staying informed and intentional—rather than fearful—can help you navigate these uncertain shifts with clarity.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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