Tens of thousands of federal workers fired during their probationary periods in early 2025 now have real legal options in 2026. The opm federal probationary employees lawsuit situation is one of the most significant attacks on the civil service in modern American history, and courts are actively ruling in workers’ favor.
Multiple lawsuits are moving through federal courts right now. Some have already produced reinstatement orders. Others are still being fought at the appellate level.
This guide breaks down every major lawsuit, who qualifies, what reinstatement looks like, and how much back pay you could be owed. It also tells you exactly what to do next if you were among the fired workers.
One important number to keep in mind: estimates suggest roughly 220,000 federal probationary employees were affected by the mass termination wave that began in February 2025.
What Is the OPM Federal Probationary Employees Lawsuit?
The OPM federal probationary employees lawsuit refers to a collection of legal actions challenging the mass firing of federal workers who were still in their probationary periods.
The Office of Personnel Management issued directives in early 2025 instructing agencies to terminate probationary employees at scale. Workers across dozens of federal agencies lost their jobs within days.
Multiple lawsuits followed almost immediately. Plaintiffs include employee unions, state attorneys general, and individual workers. Courts in California and Maryland became the primary battlegrounds.
| Lawsuit | Filed By | Court | Key Ruling |
|---|---|---|---|
| AFGE v. OPM | American Federation of Government Employees | N.D. California | Reinstatement ordered |
| State AG Coalition v. DOGE | 19 State AGs | D. Maryland | Temporary restraining order issued |
| Individual agency suits | Individual employees | Various districts | Mixed rulings |
| NTEU v. Vought | National Treasury Employees Union | D.D.C. | Ongoing |
The core legal argument in each case is the same: OPM does not have the authority to order agencies to fire their own employees en masse.
What Fired Federal Workers Can Do in the 2026 Lawsuit Wave
Fired federal workers in 2026 have more legal pathways available than at any point during the initial chaos of 2025.
The courts have clarified key issues. Workers now know which legal channels apply to their specific situation.
Your main options in 2026 include:
- Filing an appeal with the Merit Systems Protection Board (MSPB)
- Joining or monitoring the existing class action or group lawsuits
- Filing an individual wrongful termination complaint
- Requesting reinstatement through your former agency directly (if a court order applies to your agency)
- Seeking back pay under the Back Pay Act (5 U.S.C. 5596)
Time matters here. Some appeal windows are short. The MSPB has specific deadlines tied to your termination date.
Key deadline to know: MSPB appeals generally must be filed within 30 days of the effective termination date.
If you missed that window, you may still have options through the ongoing class-level litigation.
How DOGE Federal Employee Firings Triggered the Lawsuits
The Department of Government Efficiency, operating under an advisory role in the executive branch, became the driving force behind the mass terminations.
DOGE pushed agencies to cut headcount fast. Probationary employees were the easiest target because they have fewer civil service protections than career employees with permanent status.
What made the firings legally vulnerable was the method. Rather than going through each agency’s own reduction-in-force process, OPM issued a blanket directive. Agencies were told to fire probationary workers as a group.
Federal law requires agencies to follow specific procedures before terminating employees, even probationary ones. Those procedures include giving reasons tied to performance or conduct.
The firings listed a generic “performance” reason on termination letters. Courts found this problematic almost immediately.
| Legal Requirement | What OPM Did | Court Finding |
|---|---|---|
| Agency-specific cause required | Blanket OPM directive issued | Violated agency authority |
| Performance basis must be documented | Generic “performance” cited | Procedurally deficient |
| RIF procedures for mass cuts | No RIF process used | Required under 5 CFR 351 |
| Congressional notification for RIFs | Not provided | Potential statutory violation |
Key Takeaway: The DOGE-driven mass firings created legal liability because OPM overstepped its authority and agencies skipped required termination procedures.
OPM Mass Termination Lawsuit: The Full Scope of What Happened
The OPM mass termination lawsuit is not one case. It’s a cluster of legal actions all targeting the same set of events.
Between February 13 and February 21, 2025, agencies across the federal government fired probationary employees in waves. The firings hit virtually every major federal department.
Agencies affected included the Department of Veterans Affairs, the Department of Agriculture, the Department of Health and Human Services, the Environmental Protection Agency, and dozens more.
The scale was staggering. Some estimates put the total number of fired probationary workers between 200,000 and 230,000. Many had been hired specifically because the Biden administration had expanded federal hiring in 2023 and 2024.
These workers had cleared background checks, started their jobs, and in many cases were performing well. Their terminations were not based on individual performance reviews.
| Agency | Estimated Fired Workers | Notes |
|---|---|---|
| Department of Veterans Affairs | 2,400+ | Included healthcare support staff |
| USDA | 6,000+ | Included food safety and rural services |
| HHS / NIH | 3,500+ | Research and public health staff |
| EPA | 300+ | Environmental review staff |
| Other agencies | 200,000+ combined | Across 50+ federal departments |
Was the OPM Directive on Probationary Firings Illegal?
Multiple federal courts have concluded that key aspects of the OPM directive were unlawful.
The core legal issue centers on authority. Under federal law, only an agency head, not OPM, has the power to terminate that agency’s employees.
OPM’s role is workforce policy. It sets rules. It does not manage individual employees at other agencies. When OPM told the Department of Agriculture to fire its probationary workers, it was acting outside its legal lane.
Judge William Alsup of the Northern District of California was direct in his early rulings. He called the terminations “a sham” and noted that the stated reason of poor performance was not supported by any actual performance evaluations.
Beyond the authority issue, there’s the 5 CFR Part 315 problem. That regulation requires that terminations during the probationary period be based on performance or conduct that occurred before or during the probationary period and must be documented properly.
The firings did not meet that standard. Courts in Maryland reached similar conclusions.
Think of it this way: if a manager told another company’s employees to quit, that would be meaningless. OPM doing the equivalent with agencies it doesn’t manage ran into the same basic problem.
AFGE v. OPM Lawsuit: What This Case Means for Workers
The AFGE v. OPM lawsuit is the most significant of all the legal actions filed on behalf of fired federal probationary employees.
The American Federation of Government Employees filed this suit in the U.S. District Court for the Northern District of California. It named OPM and several agency heads as defendants.
The case produced one of the first major reinstatement orders. In March 2025, the court ordered that probationary employees at six specific agencies be reinstated immediately.
The six agencies covered by early rulings included:
- Department of Agriculture (USDA)
- Department of Defense (DOD)
- Department of Energy (DOE)
- Department of the Interior
- Department of Treasury
- Department of Veterans Affairs (VA)
The government appealed. The Ninth Circuit allowed some reinstatements to proceed while the appeal was heard.
By 2026, the case has moved toward a broader resolution affecting workers across all covered agencies. The core legal findings from the district court have held up through multiple appellate reviews.
If your agency was covered by the AFGE suit, this is the case most likely to directly affect your reinstatement or back pay.
Is There a Federal Employee Class Action Lawsuit You Can Join?
There is no single nationwide class action lawsuit that every fired federal probationary employee can formally “join” right now.
Instead, there are multiple overlapping legal actions, each covering different groups of workers.
The AFGE case functions most like a class action because it covers entire agencies rather than individual plaintiffs. Workers at covered agencies benefit from the rulings without filing their own cases.
The state attorneys general coalition case operates similarly. Nineteen states filed jointly, and their litigation protects workers broadly within the states that joined.
Individual employees can still file their own MSPB appeals independently. That process runs parallel to the larger lawsuits.
| Legal Vehicle | Who It Covers | Action Required |
|---|---|---|
| AFGE v. OPM | Workers at 6+ covered agencies | No individual filing needed |
| State AG Coalition case | Workers in 19 participating states | No individual filing needed |
| MSPB individual appeal | Any fired federal employee | Must file within 30 days of termination |
| Individual federal lawsuit | Employees with specific facts | Requires attorney |
The practical reality is that most fired probationary workers will benefit from the group litigation without taking individual legal action.
Key Takeaway: Most fired federal probationary employees don’t need to file individually. The AFGE and state AG lawsuits cover large groups automatically based on agency and location.
What the Merit Systems Protection Board Can Do for Probationary Employees
The Merit Systems Protection Board is a quasi-judicial federal agency that hears appeals from federal employees who believe they were wrongfully terminated or disciplined.
Probationary employees historically had very limited MSPB rights. That’s part of what made them easy targets for the mass firings.
However, the firings triggered by the OPM directive gave probationary employees an unusual opening. When a termination isn’t based on the employee’s own conduct or performance, but rather on a blanket agency-wide action, MSPB jurisdiction expands.
MSPB administrative judges began accepting appeals from probationary employees in early 2025, finding that the circumstances of the mass firings warranted review.
Key MSPB findings in 2025 and carrying into 2026:
- Terminations must cite specific, documented reasons tied to the individual
- Generic performance references without documentation don’t meet the legal standard
- Mass terminations may constitute a reduction-in-force, which carries its own procedural requirements
- Workers who were improperly denied RIF procedures may be entitled to reinstatement through MSPB
The MSPB appeal deadline is typically 30 days from your termination date. If you missed that window, consult with a federal employment attorney about whether equitable tolling applies to your situation.
Were You a Federal Probationary Employee Fired in 2025?
If you were fired from a federal job between February 2025 and June 2025, there’s a strong chance your termination is covered by one of the ongoing lawsuits.
A probationary period in federal employment typically lasts one year for most positions and two years for law enforcement and certain other roles.
You were likely a probationary employee if:
- You had been in your federal job for less than 12 months at the time of firing
- You had less than 24 months in a law enforcement or supervisory role
- You received a termination letter citing “performance” without a prior performance improvement plan
- Your firing came during the February 2025 wave without a specific documented reason
| Employment Status | Probationary Period Length | MSPB Rights |
|---|---|---|
| General Schedule (GS) employee | 1 year | Limited, but expanded by mass firing facts |
| Law enforcement / supervisory | 2 years | Same expanded rights apply |
| SES (Senior Executive Service) | 1 year | Separate protections apply |
| Veterans’ preference eligible | 1 year | Additional preference protections |
Veterans fired during probationary periods have additional protections under veterans’ preference laws and should explore those channels separately.
Can Probationary Federal Employees Sue the Government?
Probationary federal employees can pursue legal action against the government, though the specific legal pathways differ from those available to career employees.
The most direct path is an MSPB appeal. Courts have also held that employees whose firings violated specific statutory procedures can bring claims in federal district court.
The sovereign immunity doctrine limits how you can sue the federal government. You generally can’t file a standard civil suit without a specific legal basis that waives immunity.
Legal bases that apply here include:
- The Civil Service Reform Act (CSRA) for MSPB jurisdiction
- The Back Pay Act for monetary claims
- The Administrative Procedure Act (APA) for challenging OPM’s directive as unlawful agency action
- Constitutional claims (First and Fifth Amendment) in some individual cases
The state AG coalition cases used the APA to challenge OPM’s directive at the systemic level.
Individual probationary employees who can show their firing was based on protected activity (whistleblowing, union participation, or similar) have the strongest independent claims.
What Are Your Rights as a Federal Probationary Employee?
Federal probationary employees have fewer civil service protections than permanent employees, but they are not without rights.
The law gives probationary employees protection from terminations that are:
- Based on political affiliation
- Based on marital status
- Based on protected activity (whistleblowing, EEO complaints)
- Based on reasons that were not disclosed to the employee
- Carried out without following proper procedural rules
The OPM mass firings ran into several of these categories at once.
Your rights during probation include:
- The right to know the specific reason for your termination
- The right to appeal terminations that appear to be pretextual
- The right to veterans’ preference protections if you served
- The right to union representation during any investigative process
- The right to file an EEO complaint if discrimination played a role
Think of probationary employees like new employees at any company who are still in a trial period. The employer has more flexibility, but they can’t fire someone for illegal reasons. Federal law works the same way.
Key Takeaway: Probationary federal employees have real legal rights, and the mass OPM firings violated several of them simultaneously, which is exactly why the courts have been siding with workers.
Probationary Employee Wrongful Termination: What Makes a Firing Illegal?
A probationary federal employee termination becomes legally wrongful when the firing violates specific statutes or regulations.
Not every unfair firing is a wrongful termination in the legal sense. The distinction matters for what remedies are available.
Legally wrongful terminations in this context include:
- No documented reason: Terminations that don’t cite specific conduct or performance
- Pretext: Stating “performance” when performance was not actually the issue
- OPM overreach: Firings ordered by OPM rather than the employee’s own agency head
- Missing RIF procedures: Mass terminations that should have followed reduction-in-force rules but didn’t
- Retaliation: Firing a worker because they filed a complaint, reported waste, or exercised union rights
- Discrimination: Any termination influenced by race, sex, religion, national origin, disability, or age
The OPM-directed firings hit on at least three of these: no individual documentation, pretext of performance, and OPM’s lack of authority to issue the directive.
| Type of Wrongful Firing | Legal Basis | Likely Remedy |
|---|---|---|
| OPM authority overreach | APA / CSRA | Reinstatement + back pay |
| No documented reason | 5 CFR 315 | Reinstatement + back pay |
| Missing RIF procedures | 5 CFR 351 | Priority placement + back pay |
| Whistleblower retaliation | Whistleblower Protection Act | Reinstatement + compensatory damages |
| Discrimination | Title VII / ADEA / Rehab Act | Reinstatement + compensatory damages |
Federal Workers Reinstatement Order: What Courts Have Ruled
Federal courts have issued multiple reinstatement orders covering fired probationary employees.
The first major order came from Judge William Alsup in the Northern District of California in March 2025. He ordered six agencies to reinstate fired probationary employees and called the mass terminations legally improper.
A separate order from the District of Maryland covered workers at agencies challenged by the state AG coalition.
The government challenged both orders aggressively. The appellate courts issued a mixed response. Some reinstatements were stayed pending appeal. Others were allowed to proceed.
By 2026, the legal landscape looks like this:
| Reinstatement Order | Status in 2026 | Workers Covered |
|---|---|---|
| Alsup order (N.D. Cal.) | Largely upheld on appeal | 6 major agencies |
| Maryland state AG order | Modified, partial reinstatement | Workers in 19 states |
| Individual MSPB orders | Ongoing, case by case | Individual appellants |
| Agency-level settlements | Some agencies settling quietly | Varies by agency |
The government’s main appellate argument was that courts lacked jurisdiction because workers had to use the MSPB channel first. Courts largely rejected that argument where the challenge was directed at OPM’s authority itself.
How Probationary Federal Employee Reinstatement Actually Works
Reinstatement means you get your job back, with your previous title, pay grade, and benefits restored.
It sounds simple. The process is anything but.
When a court orders reinstatement, the agency has a set number of days to comply. In the Alsup orders, agencies were given 7 to 14 days to restore workers to their positions.
For workers reinstated through court orders, the timeline looks like this:
- Court issues reinstatement order
- Agency receives certified copy of order
- Agency HR processes reinstatement paperwork
- Employee receives formal notice of reinstatement
- Back pay calculation begins (covering the gap from firing to reinstatement)
- Employee returns to work or receives back pay if position was eliminated
Not every reinstated worker actually goes back to work. Some positions were restructured or eliminated after the firings. In those cases, workers may receive “constructive reinstatement,” which means the agency treats them as reinstated for pay purposes while placing them in a comparable role or offering separation with full back pay.
The key protection is that you don’t lose seniority or benefits during the period between firing and reinstatement.
Key Takeaway: Reinstatement restores your job, pay grade, and seniority, and back pay covers every dollar you should have earned from the date of your wrongful firing forward.
Probationary Federal Worker Back Pay: How Much Could You Get?
The Back Pay Act (5 U.S.C. 5596) entitles wrongfully terminated federal employees to all wages and benefits they would have received if the firing never happened.
Back pay is not a settlement award. It’s a legal restoration of what you were already owed.
The calculation starts from the date of termination and runs to the date of reinstatement.
For a worker fired in February 2025 and reinstated in early 2026, that’s roughly 10 to 12 months of back pay.
| Pay Grade | Monthly Salary (Approx.) | 12-Month Back Pay |
|---|---|---|
| GS-5 | $3,500 | $42,000 |
| GS-7 | $4,200 | $50,400 |
| GS-9 | $5,100 | $61,200 |
| GS-11 | $6,200 | $74,400 |
| GS-12 | $7,400 | $88,800 |
| GS-13 | $8,800 | $105,600 |
Back pay also includes:
- Lost retirement contributions
- Lost health insurance premiums paid out of pocket
- Lost within-grade step increases that would have occurred
- Interest on delayed payments (in some circumstances)
Taxes are withheld from back pay just as they would be from regular wages. The lump sum payment puts many workers into a higher tax bracket for the year received, which is worth planning for.
OPM Lawsuit Update 2026: Where Each Case Stands Right Now
As of 2026, the legal battles over the OPM-directed probationary firings are in several different stages across different courts.
The AFGE v. OPM case in the Ninth Circuit has produced the most durable rulings for workers. The appellate court largely affirmed the district court’s finding that OPM lacked authority to direct the firings.
The Maryland state AG case produced strong early wins but faced more complications on the remedy side. Determining which specific workers in which states received which remedies has been an ongoing administrative challenge.
2026 Status by Case:
| Case | Court | 2026 Status | Worker Impact |
|---|---|---|---|
| AFGE v. OPM | 9th Circuit | Affirmed reinstatement for 6 agencies | Strong precedent for covered workers |
| State AG Coalition | 4th Circuit | Partial reinstatement upheld | Varies by state and agency |
| NTEU v. Vought | D.D.C. | Trial phase | Covers Treasury, IRS employees |
| Individual MSPB | Administrative | Case-by-case rulings | Strongest for workers with specific facts |
| Agency-level agreements | Various | Quiet settlements ongoing | Some workers reinstated without litigation |
The biggest remaining question in 2026 is how the Supreme Court will handle the conflicting circuit decisions. The government has petitioned for certiorari in at least one of the major cases.
How to File a Claim in the Federal Probationary Employee Lawsuit
The right path for filing a claim depends on your specific situation, the agency you worked for, and whether you’ve already taken any steps.
For most fired probationary federal employees in 2026, the process looks like this:
Step 1: Gather your documents
Collect your termination letter, your most recent performance reviews, your SF-50 (Notification of Personnel Action), and any communications from HR around the time of firing.
Step 2: Determine your MSPB deadline
If you were fired in early 2025 and haven’t filed anything, you may have missed the standard MSPB window. An attorney can assess whether equitable tolling applies.
Step 3: Contact your union
If you were a member of AFGE, NTEU, or another federal employee union, contact them immediately. Union legal departments are actively tracking members affected by the mass firings.
Step 4: Consult a federal employment attorney
Federal employment law is highly specialized. Attorneys who practice before the MSPB know the procedural rules that can make or break a case.
Step 5: Check your agency’s status in the litigation
Use public court records to confirm whether your agency is covered by an existing reinstatement order.
| Step | Action | Where to Go |
|---|---|---|
| 1 | Gather documents | Your personal files, agency HR |
| 2 | Check MSPB deadline | mspb.gov, federal employment attorney |
| 3 | Union support | AFGE, NTEU, or applicable union |
| 4 | Legal consultation | Federal employment bar association |
| 5 | Check agency status | PACER federal court records |
The single most important thing you can do right now is not wait. Legal windows close. Evidence disappears. The workers who act in 2026 have far better outcomes than those who wait until 2027.
Frequently Asked Questions
Were the OPM probationary employee firings legal?
Federal courts have ruled that key aspects of the OPM-directed firings were not legal.
The core problem was that OPM directed agencies to fire employees that OPM itself does not supervise or employ.
Courts found this exceeded OPM’s statutory authority, and several reinstatement orders followed.
Can I get reinstated if I was fired as a probationary federal employee?
Reinstatement is possible and has already happened for thousands of workers covered by court orders.
Whether you personally qualify depends on which agency you worked for and whether that agency is covered by an existing reinstatement order.
Workers at USDA, VA, DOD, DOE, Treasury, and Interior have the strongest reinstatement positions based on the Alsup rulings.
How much back pay can fired federal probationary employees receive?
Back pay covers every dollar of salary and benefits you would have earned from your firing date to your reinstatement date.
For someone fired in February 2025 and reinstated in 2026, that’s roughly 10 to 14 months of full salary plus lost benefits.
At the GS-9 level, that’s approximately $51,000 to $71,000 before taxes.
What is the AFGE v. OPM lawsuit and who does it cover?
The AFGE v. OPM lawsuit is a case filed by the American Federation of Government Employees in federal court in California challenging the mass probationary firings.
It produced the first and most significant reinstatement orders, covering employees at six major federal agencies.
Workers at USDA, VA, DOD, DOE, Treasury, and the Interior Department are most directly affected by this case.
What is the deadline to file a claim in the federal probationary employee lawsuit?
The MSPB appeal deadline is typically 30 days from your termination date, but class-level litigation has no individual filing deadline.
If you missed the MSPB window, you may still benefit from the AFGE or state AG cases without filing anything individually.
Consult a federal employment attorney to assess your specific deadlines and options.
The mass firing of federal probationary employees was one of the most legally contested workforce actions in recent American history. Courts have consistently pushed back, and real workers are getting their jobs and their pay back as a result.
If you were among those fired, 2026 is still your window.
Check whether your agency is covered by an existing reinstatement order. Contact your union if you had one. Talk to a federal employment attorney who knows MSPB procedure. The law is on the side of workers here, and the path forward is clearer now than it was a year ago.
Don’t let more time pass without knowing where you stand.
