MSPB Judges Told to Weigh Agency Power in Worker Firing Disputes

Merit Systems Protection Board judges must consider whether government agencies have a constitutional basis to fire certain federal workers at-will as they sort through wrongful termination disputes, according to the Trump administration.

In a memo, DOJ’s Office of Legal Counsel wrote that the administrative judges—the first line of adjudication for allegations of federal employer wrongdoing—cannot ignore constitutional questions raised by agencies, namely the president’s power to fire people “who wield executive power on his behalf.”

The Trump administration has sought to exert its authority to hire and fire employees at will, threatening to fire workers en masse if the ...