An administrative judge for the Merit Systems Protection Board issued a ruling Thursday that gives employees who were fired shortly after their probationary period ended some hope that they will be able to keep their jobs.
Denyzio Laboy was a federal employee in the equal opportunity employment office at the Cybersecurity and Infrastructure Security Agency who was fired one day after becoming a tenured employee.
The judge found CISA’s actions violated Laboy’s right to due process, including receiving at least 30 days advance notice and a reasonable time of not less than seven days to respond to the decision.
“An agency’s failure to provide a tenured public employee with an opportunity to present a response, either in person or in writing, to an appealable agency action that deprives him of his property right in his employment, constitutes an abridgment of his constitutional right to minimum due process of law,” Steven Giballa, an administrative judge, wrote in his ruling.
Giballa said CISA was using the regulations under 5 C.F.R. § 11.5, which implemented President Donald Trump’s April executive order and the Office of Personnel Management’s regulatory change in June requiring agencies to review and actively sign off on probationary workers’ continued employment before they can be moved out of a probationary period, in terminating Laboy’s employment.
But the judge said CISA circumvented the statutory protections provided by 5 U.S.C. §§ 7511-7513, and when a regulation “...
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