Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—Former VA employee files lawsuit after discharge as ‘probationary’ employee, (Feb 26, 2025)

By WK Editorial Staff

She was treated as a probationary employee, even though she had worked for the VA since 2006.

In a lawsuit filed in D.C. federal district court, a former employee of the Department of Veterans Affairs (VA) is seeking injunctive and declaratory relief following her termination earlier this month as part of the mass firing of probationary federal employees. Her complaint alleges violations of the Fifth Amendment and the Administrative Procedures Act (APA) stemming from her termination. It also challenges her classification as a probationary employee.

The employee began her federal employment in 2006 as a Supervisory Dietician with the VA. She later pursued a law degree, was admitted to the bar, and joined the VA's Human Resources Department in 2021. She was promoted to an HR supervisor in 2022. In May 2024, she was hired as an Attorney Advisor in the OGC, where she received positive feedback and high-performance ratings until her recent termination, purportedly for poor performance.

MSPB appeal restrictions. She alleges that the letter she received indicated that she could only appeal the termination decision to the MSPB if she believed she was terminated due to her marital status or if she believed the termination was “partisan.”

Not probationary. She argues that her termination was arbitrary and capricious, and that her classification as a probationary employee was without basis in fact, as she met the criteria set out in 5 C.F.R. § 315.802 to be considered a permanent employee.

No specificity. Her complaint asserts that even if she were considered a probationary employee, the procedural protections for probationary employees, as outlined in 5 C.F.R. § 315.804, were not followed. She claims that the VA's actions deprived her of due process rights, including being informed of specific performance deficiencies and being given an opportunity to respond. The complaint further alleges that the termination was a pretext for an unlawful purpose and seeks her reinstatement and other appropriate remedies.

Relief requested. The employee seeks injunctive and declaratory relief from the court, including reinstatement to her position at the VA. She also requests that the court order the VA to provide her with the due process protections she was allegedly denied, and to recognize her as a permanent employee. Finally, she seeks any other remedies deemed appropriate by the court.

The case is No. 1:25-cv-00551.

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