Federal Employee Unlawfully Fired Permanently Reinstated by Court

Can you file a lawsuit to get your job back if you are fired? Amidst all the federal agency terminations, some employees are finding a way back to work despite the layoffs.  

Cathy Harris was part of the Merit Systems Protection Board. The Board adjudicates improper treatment of federal civil service workers. The MSPB is part of a group of independent agencies that have job protections and long overlapping terms to insulate the agency from partisan retribution.  

District Judge Rudolph Contreras permanently reinstated Harris to her position on the Board. Judge Contreras determined that the MSPB’s independence would “evaporate” if the President could terminate its members without cause. The Court determined that the President could only fire Harris for “inefficiency, neglect of duty, or malfeasance in office.” The judge noted that Harris and her co-members had cleared a 3,800 case backlog in about three years despite the board often lacking a quorum.  

When Can an Employer Fire an Employee?  

Employment in the United States is generally at-will. This means that either the employee or employer can end the relationship at any time for any reason provided it is not an illegal reason. Termination may be illegal if it is discrimination based on a protected class. It is generally illegal for an employer to terminate someone based on their race, class, nationality, or other protected trait.  

Termination may also be illegal if the employee is protected by a contract or statute. For instance, if there is an employment agreement where the employee is guaranteed the position for five years, then it would be illegal for the employer to terminate the employee before the five years are over. Most employment contracts will permit an employer to terminate even a protected employee for cause, such as if the employee engages in a crime, but generally such contracts will bar an employee from being fired unless the employer has a good reason and evidence to support it.  

For employees like Cathy Harris, her position is protected by law. Congress wanted to protect certain positions from overt partisan considerations, in a similar manner that federal judges are protected from political pressures by life time appointments, though Harris’ position has a set expiration date for her term.  

Do Employees have to Return to a Job if they are reinstated by a Court?   

A potential remedy to a wrongful termination case is that a court can order an employer to rehire an employee to the same or similar position. The reinstated employee would have the same pay, benefits, and position in the leadership hierarchy.  

However, not every employee wants to be reinstated to their prior position. Some employees may have a better job lined up. Some employees may not want to deal with the stress of returning to work for an employer who had already tried to terminate them. Although an employee can be reinstated to a prior or similar position, an employee can also turn down the offer. Restatement may be mandatory for an employer, but it is by no means mandatory for the employee.   

Do I Need an Employment Lawyer? 

An employment lawyer can explain the advantages and disadvantages of having an employment contract and can help you negotiate terms and conditions that best protect your interests. If you already have an employment contract, a qualified attorney can review it and explain the legal effect of its terms and conditions. If you have been accused of breaching your employment contract, an attorney can help you defend against the claim of breach and represent you in court.