Federal board temporarily reinstates more than 5,000 USDA workers
An independent federal board has ordered the reinstatement of more than 5,000 Department of Agriculture employees, determining the USDA acted illegally when it removed probationary employees.
The U.S. Merit Systems Protection Board, a quasi-judicial agency that protects federal employees, is temporarily requiring the agency to reinstate any probationary employees it terminated since Feb. 13 based on "performance."
The board determined that the employees cannot be removed without providing a specific reason for their termination.

"This requirement is not a simple bureaucratic technicality -- compelling agencies to assess the specific fitness of each employee prior to terminating them ensures that outstanding employees are not arbitrarily lost and that terminations are truly in the best interests of the federal service and consistent with merit system principles," the order said.
The legal victory for the USDA employees comes after two separate court cases clarified the authority of the two key actors related to Wednesday’s decision: special counsel Hampton Dellinger and MSPB Chairwoman Cathy Harris. A federal judge on Saturday permanently reinstated Dellinger to his role running the watchdog agency that protects federal employees from prohibited personnel practices, and a separate judge on Tuesday reinstated Harris to run the MSPB, which protects government employees from partisan interference. In both instances, federal judges ruled that President Donald Trump cannot fire either person without cause. Wednesday's decision from the MSPB essentially reached the same conclusion for thousands of probationary employees who had been indiscriminately fired.
"I want to thank the MSPB for granting this important stay," Dellinger said in a statement. "Agencies are best positioned to determine the employees impacted by these mass terminations. That's why I am calling on all federal agencies to voluntarily and immediately rescind any unlawful terminations of probationary employees."
While the Trump administration has rapidly moved to fire thousands of probationary employees, the effort is beginning to hit legal roadblocks, including after a federal judge in California found the directive to fire employees was unlawful.
Some legal challenges to block the firings have been declined because the correct avenue for relief would be the MSPB. With both Dellinger and Harris back in their roles, the agency might provide relief for federal employees.
-ABC News' Peter Charalambous







