A federal appeals board has ordered nearly 6,000 USDA employees back to work after they were fired during their probationary periods last month.

"I find reasonable grounds to believe" that the Agriculture Department violated federal personnel law governing reductions in force, Merit Systems Protection Board Chair Cathy Harris said in her order.

USDA said it was "aware of the decision of the Merit Systems Protection Board. The department will work to abide by the ruling and has no further comment at this time."

The Office of Special Counsel, an independent government agency, brought the action on behalf of a Forest Service forestry technician identified as John Doe, arguing that it believes USDA "terminated probationary employees not to eliminate poor performers, but instead as part of a reorganization, which required the use of RIF procedures," the MSPB order said.

OSC's "primary mission is to safeguard the merit system by protecting federal employees and applicants from prohibited personnel practices," according to its website.

“I want to thank the MSPB for granting this important stay," Special Counsel Hampton Dellinger. said in a statement. “Agencies are best positioned to determine the employees impacted by these mass terminations. That's why I am calling on all federal agencies to voluntarily and immediately rescind any unlawful terminations of probationary employees."

In an order issued by Harris, the board stayed the litigation for 45 days but said Doe and all other probationary employees who were let go starting Feb. 13 should get their jobs back during that time -- starting today, until April 18.

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About 200,000 probationary employees received letters telling them their performance was not serving the public interest. An untold number have been hired back, including some at USDA.  

"During the pendency of this stay, Mr. Doe shall be placed in the position that he held prior to the probationary termination. Likewise, all other probationary employees whom the agency has terminated since Feb. 13, 2025, pursuant to letters stating, 'The [a]gency finds, based on your performance, that you have not demonstrated that your further employment at the [a]gency would be in the public interest,' shall be placed in the positions that they held prior to the probationary terminations," the order said.

The board took note of OSC's assertion that despite referring to Doe's "performance,” it did not explain how his performance had been deficient.

Doe himself, in a declaration, said he “received only positive feedback about [his] performance,” was “never counseled or disciplined and was given no indication that [he] had any performance or conduct deficiencies,” and received a “Fully Successful” performance appraisal on Jan. 15.

"OSC also asserts that Mr. Doe’s declaration and other evidence obtained by OSC indicate that Mr. Doe’s supervisor was not consulted about his termination and was unaware that he was going to be terminated until just hours before he received his letter but would have recommended that he be retained," MSPB's order said. 

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This story has been updated with USDA's response.