HHS probationary employees - MSPB status update

Got this message today:

Hello,

We write with an update on the class appeal pursued on behalf of probationary employees terminated from the Department of Health and Human Services.

The administrative judge recently held a status conference with the parties. Discussed during the status conference were other class appeals of probationary employee terminations, involving other agencies, which address the same core legal issue argued in the case against HHS. In some of those probationary class appeals, MSPB administrative judges have issued decisions which we believe are erroneous, and which have since been appealed to the U.S. Court of Appeals for the Federal Circuit.

Two of those other class appeals are currently consolidated for processing before the Federal Circuit. A decision from the Federal Circuit in that consolidated appeal is likely to directly and substantively impact the HHS probationary class appeal that remains pending before MSPB. Because of this, the MSPB administrative judge has now temporarily paused processing in the HHS probationary class appeal, to await the Federal Circuit’s rulings on the same legal issues raised in this case.

The judge has ordered the HHS probationary class appeal be automatically refiled to resume processing within fifteen (15) days of when the Federal Circuit issues its decision in the consolidated probationary class appeals, or by March 24, 2027, whichever is earlier.

We will continue to keep the class informed on any significant case updates, including notice of when case processing resumes before the MSPB.

If you have any questions on this update, or otherwise need assistance relating to this case, please call (301) 608-0880, or email the HHS class representatives at HHS-
Probationary@GELawyer.com.

Best,
Class Counsel