On April 15, 2026, Chief Administrative Judge Jeremiah Cassidy granted class certification and allowed terminated probationary and trial period employees at the Department of Commerce (DOC) to challenge their terminations as a class. That means that the class appeal can seek a ruling and remedy for all terminated probationary employees at DOC (with some exceptions, discussed below).
The class certification order is available here.
What does the order mean for fired DOC 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 in February and March 2025 which were not based on an individualized determination regarding their performance and/or conduct, in response to guidance issued by the Office of Personnel Management.”
This class includes employees from any part of DOC.
The class includes DOC employees who were issued notices on or about April 10, 2025 indicating that their original probationary or trial period terminations from February and March 2025 were being reinstated.
Exceptions to the Class Definition
There are three exceptions to the class definition:
First, the class does not include anyone who was truly terminated based on specific, individual performance or conduct issue. However, this exception does not apply to people who received a termination letter merely saying that they were terminated based on performance, but who was really fired as part of a mass termination of probationary workers.
Second, the class does not include anyone who signed a Deferred Resignation Program agreement or a similar agreement waiving their rights to challenge their termination.
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.
Employees who are covered by the class definition and do not want to be included in the class action will have the opportunity to opt out by filing an individual appeal by May 20, 2026. Typically, this is most relevant to class members who wish to raise additional claims that are not raised by this class action. For example, employees 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.
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 such employees’ individual cases will be subsumed into the class action, unless those employees opt out. It is not yet clear how employees should make this election.
We encourage employees to seek advice from an independent lawyer regarding their individual circumstances and options.
What law firms are involved in this effort?
The DOC appeal discussed here is being pursued by a group of four firms: Brown Goldstein & Levy, Cohen Milstein Sellers & Toll, Gilbert Employment Law, and James & Hoffman.