The Trump administration has unveiled a controversial proposal that would significantly restrict the legal options available to federal employees who are fired or otherwise separated from government service. The plan, released on February 9, aims to narrow the rights of federal workers by eliminating their ability to appeal dismissals to an independent board and placing that
authority under the control of the executive branch.
What the Proposal Would Change
The Office of Personnel Management (OPM) the federal government’s human resources agency has proposed a rule that would bar many career federal employees from appealing their terminations to the Merit Systems Protection Board (MSPB), an independent adjudicatory body. Instead, fired workers would be required to bring their grievances directly to OPM, which is overseen by a Trump-appointed director and operates within the executive branch.
Under current law, the MSPB provides an impartial forum where federal employees can challenge adverse personnel actions, including firings, demotions, and suspensions. The board was established to enforce merit system principles and shield career civil servants from
unlawful or politically motivated employment decisions.
By effectively stripping the MSPB of its role in termination appeals, the Trump plan would remove what critics call a critical safeguard for federal worker rights and due process. Instead of an external check, disputes would be handled within the same administrative framework that proposed the dismissals in the first place.
A Shift in Federal Employment Rights
According to government data, the volume of appeals to the Merit Systems Protection Board spiked sharply after President Trump began his second term in 2025. From October 2024 through September 2025, the board’s caseload increased more than 250 percent compared with the previous year, reflecting a surge in disputes over personnel actions.
The proposal to shift appeals from the MSPB to OPM comes amid broader efforts by the Trump administration to reshape the federal workforce. In 2025, the U.S. government eliminated roughly 317,000 federal jobs, a combination of voluntary departures, buyouts and firings, according to OPM officials. Although the majority of those who left did so through buyouts or resignation, a notable number were terminated fueling the increase in appeals.
Beyond reducing the workforce, the administration has undertaken other actions that weaken longstanding job protections. Earlier this month, OPM finalized a separate rule reclassifying roughly 50,000 career civil service positions, making it easier to fire those employees by removing
for-cause protections and placing them in a category where they effectively serve at the administration’s discretion.
Administration’s Justification
Supporters of the policy change argue that the reform will streamline federal personnel processes and reduce costly, prolonged litigation. OPM officials say the agency can fairly and efficiently handle appeals internally, ensuring rapid resolution and correcting errors without burdening an independent board. An OPM spokesperson told reporters that the proposed rule “gives employees a fair and timely process while enabling agencies to restructure responsibly.”
The administration also contends that placing appeals within OPM will promote managerial flexibility. Advocates within the executive branch assert that federal agencies should have greater authority to enforce performance standards and remove employees who are seen as obstructing policy goals.
Strong Opposition from Unions and Advocates
Federal employee unions, labor rights groups and numerous lawmakers have condemned the proposal, warning that it threatens foundational civil service protections. The American Federation of Government Employees (AFGE) the largest union representing federal workers says the plan would “strip hardworking career employees of meaningful independent oversight” and could lead to arbitrary firings without proper judicial review.
Critics argue that removing the MSPB as an impartial appeals forum undermines accountability and opens the door to politically motivated personnel decisions. Independent oversight of personnel actions has long been viewed as essential to preserving merit-based hiring and preventing partisan interference in the civil service.
Several members of Congress, including lawmakers from both parties, have introduced or supported legislation to protect the rights of probationary and career federal employees who are fired. Some proposals would explicitly preserve appeals to the MSPB or create alternative independent mechanisms for review.
Potential Legal and Policy Implications
If enacted, the rule is expected to face significant legal challenges. Federal unions and civil liberties organizations are likely to file lawsuits on grounds that the policy violates existing statutes protecting federal workers and undermines due process rights. Similar legal battles have already occurred over other Trump administration workforce reforms. For example, courts have intervened in disputes involving changes at independent agencies and attempts to curtail employee rights.
Legal experts note that the MSPB was established by the Civil Service Reform Act of 1978, which sought to insulate federal employment decisions from political influence. Eliminating or weakening the board’s role could raise questions about compliance with that statute and other laws governing merit principles.
Looking Ahead
The proposed rule will be published in the Federal Register in the coming days, triggering a formal period for public comments. During this time, stakeholders including unions,
legal associations and individual employees can submit feedback and critiques. After reviewing these comments, OPM may revise the proposal before issuing final regulations.
The debate over federal employee rights comes amid broader discussions in Washington about the size and role of the federal government, workforce management and executive authority. As the Trump administration pursues aggressive reforms, the
legal landscape that governs federal employment could undergo some of its most substantial changes in decades.
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