On July 17, 2025, an administrative judge at the Merit Systems Protection Board agreed to let terminated probationary and trial period employees at the Department of the Interior challenge their terminations as a class. That means that the class appeal can seek a remedy for all terminated probationary employees at the Interior Department (with some exceptions, discussed below). The class certification order is available here.
While DOI employees were reinstated as a result of other litigation brought in federal court, the agency did not make these employees whole. Many are still on administrative leave. This class action means that these employees will be able to pursue remedies for these harms together.
What does the order mean for fired DOI workers?
An MSPB Chief Administrative Judge certified a class with the following definition
“The class will consist of any agency employees serving in a probationary or
trial period who were issued termination notices between February 14-18, 2025, in
response to a January 20, 2025, guidance memorandum issued by the Office of
Personnel Management.”
This class includes employees from any part of DOI. The administrative judge also rejected an argument by the Agency that the case should be limited to people who are still on administrative leave.
Exceptions to the Class Definition
There are three exceptions to the class definition:
First, the class does not include anyone who signed a Deferred Resignation Program agreement or a similar agreement waiving their rights to challenge their termination.
Second, the class does not include anyone who was truly terminated based on specific, individual performance or conduct issue. This exception does not apply to people who received a termination letter saying that they were terminated based on performance, but who was really fired as part of a mass termination of probationary workers.
Third, the class does not include anyone who was past their probationary or trial period when they were terminated. Employees who are not sure whether this applies can read our “Am I really probationary?” guide and seek advice from an independent lawyer.
Employees who fall within these groups may wish to file an individual appeal. We encourage employees to seek advice from an independent lawyer regarding their individual circumstances and options. Employees in this situation should act quickly so their appeal is not considered untimely.
What happens next?
Members of the class will receive a notice informing them that: the class has been certified; that they meet the class definition; and that they will become part of the class action and will be bound by any decision in this appeal, unless they opt out by filing an individual appeal by August 21, 2025.
For employees who already filed their own MSPB appeal, the judge’s order states that they will receive a separate notice saying that their appeals subsumed into the class action, “unless they timely elect to proceed individually.” That means that your individual case will be subsumed into the class action, unless you opt out. It is not yet clear how employees should make this election.
Class members who wish to raise additional claims that are not raised by this class action—for example, alleging that they were targeted for termination based on their race or gender—may want to consider opting out. Generally speaking, a class action case can address claims that are shared by the entire class, but not claims that are unique to one particular class member. We encourage employees to seek advice from an independent lawyer regarding their individual circumstances and options.
What does this mean for probationary employees at other agencies?
In March 2025, a coalition of law firms filed class appeals for fired probationary and trial employees at 20 agencies. You can find a list of agencies covered by these class appeals here. This is the second probationary employees’ class action to be certified by the MSPB—and a hopeful sign that other appeals will be allowed to proceed on a class basis.
However, this decision isn’t binding on other MSPB administrative judges, and agencies continue to oppose class certification in most cases. Further, the MSPB has denied class certification in cases challenging mass terminations at the CFPB and USDA, because the Agency proved that they have reinstated virtually all members of the class, provided them with back pay, and made them whole.
What law firms are involved in this effort?
Most of the appeals, including the Department of Interior appeal discussed here, are being pursued by a group of four firms: Brown Goldstein & Levy, Cohen Milstein Sellers & Toll, Gilbert Employment Law, and James & Hoffman.
Some appeals are being pursued with a different set of firms as co-counsel, including the American Federation of Government Employees (AFGE) and Towards Justice.
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-Sejal Singh, attorney at James & Hoffman