The unprecedented terminations currently unfolding within the federal government raise serious legal and ethical questions about politically motivated firings and the erosion of due process protections for career civil servants. The ongoing firings and reassignments at the Department of Justice, USAID, and other agencies highlight a concerning shift in how career federal employees are treated, signaling potential challenges to the stability and independence of government institutions.
For federal employees—especially DOJ attorneys, FBI agents, and others in sensitive positions—it is essential to understand your rights, the recourse available, and the immediate steps to take if faced with termination or pressure to resign.
What Legal Protections Exist for Federal Employees?
In normal circumstances, career civil servants have protections against politically motivated terminations. These include:
- Prohibited Personnel Practices (PPP): Federal employees may file complaints with the U.S. Office of Special Counsel (OSC) if they believe they were terminated for political reasons or in retaliation for protected activities.
- Merit Systems Protection Board (MSPB): Employees can challenge wrongful termination through the MSPB, though the effectiveness of this recourse may be uncertain given the political landscape.
- Union and Professional Associations: DOJ attorneys, AUSAs, and FBI agents may wish to seek guidance from their respective professional organizations and unions, such as the FBI Agents Association, certain DOJ employees (e.g., Bureau of Prisons) have union representation through the American Federation of Government Employees (AFGE), SEC employees may receive guidance from the National Treasury Employees Union (NTEU), which provide resources and legal support.
- Office of the Inspector General (OIG) and Equal Employment Opportunity Commission (EEOC): These traditional avenues for redress remain part of the legal framework protecting employees from unlawful terminations.
What Should You Do If You Are Terminated?
If you are fired or pressured to resign, take the following steps to protect your rights and document any irregularities:
- Do Not Resign Voluntarily – If terminated, ensure it is clear that the termination was not voluntary. Send an email to your supervisory chain stating explicitly that you did not resign and preserve a copy of the communication.
- Request a Written Termination Notice – If you have not been provided one, ask for a formal termination notice and retain a copy.
- Challenge Any Factual Inaccuracies – If the termination notice contains incorrect statements, formally respond to set the record straight. If the notice suggests termination was related to certain cases, emphasize that you acted lawfully and as directed by your chain of command.
- Assert Your Due Process Rights – If you were not given an opportunity to respond to the termination notice or address claims made against you, document this as a due process violation.
- Preserve All Relevant Documents – Keep records of performance evaluations, prior communications regarding assignments, and any evidence indicating improper motives behind the termination.
- Consult Legal Counsel – Given the unprecedented nature of these actions, speaking with an attorney with experience in representing federal employees is critical.
- Connect with Others in the Same Position – Employees who have been similarly affected should coordinate efforts, as group actions may be more effective than individual challenges.
The Broader Implications of These Personnel Actions
These terminations reflect an alarming shift in the treatment of federal employees. For instance, the removal of USAID security personnel who sought to enforce legal access restrictions to classified materials underscores the broader trend of removing or reassigning career officials. These actions can affect both federal careers and potentially undermine institutional stability within the federal government.
Employees facing termination should prepare for a long and difficult battle, as traditional mechanisms for recourse may be weakened or compromised. The importance of outside support—legal, institutional, and media-based—cannot be overstated. Federal employees must remain vigilant, document all actions taken against them, and seek assistance from both formal and informal advocacy networks.
The rule of law depends on an impartial, independent civil service. As these events unfold, it is imperative that federal employees understand their rights and take proactive steps to protect themselves against politically motivated removals.
For further guidance or legal assistance, please contact Adriaen Morse, Lionel André, and Cory Kirchert, Founding Partners at SECIL Law PLLC, and co-authors of this article. They can be reached at amorse@secillaw.com, landre@secillaw.com, and ckirchert@secillaw.com.
