Jan 28, 2025
The call to action is made more relevant by the removal of career prosecutors from the Justice Department
FOR IMMEDIATE RELEASE
New York, New York – January 28, 2025 – The firm reaffirms its call for intervention in an Individual Right of Action docketed as NY1221240073W1 at the Merit Systems Protection Board, citing the need for intervenors given the January 24, 2025 removal of twelve Inspectors General and the reported removal of career prosecutors from the Justice Department on January 27, 2025. The action seeks, among other things, to ensure the inclusion of class claims notice of appeals rights language, 5 C.F.R. § 1201.27, in the removal notices of all Federal workers, including Senior Executives such as the removed Inspectors General and career prosecutors. The language is a procedural protection that safeguards Federal employees’ rights to seek collective redress for prohibited personnel practices, such as discrimination and retaliatory removals.
On Janaury 27, 2025, the firm submitted an intervention request to the Judicial Branch through the Eastern District of New York (EDNY), underscoring growing concerns about adherence to merit systems principles—cornerstones of fair Federal employment practices, after reports from Fox News and The Times suggest that career attorneys were removed from the Justice Department under circumstances that may have violated merit systems protection principles, further amplifying the urgency of addressing systemic protections for Federal employees.
“Recent events are concerning and show a possible disregard for safeguards designed to protect Federal employees against arbitrary and partisan-politically motivated personnel actions,” said Joseph Hof, Managing Attorney of Hof Law. “The inclusion of class claims language in removal notices is not just a procedural formality—it is a vital protection for employees whose roles demand impartiality, independence, and adherence to the rule of law.”
In addition to his correspondence to the Judiciary, Mr. Hof called on other key stakeholders to act, including the Office of the Special Counsel’s Investigations and Prosecution Division, the Office of Senator Chuck Grassley, the Office of Senator Chuck Schumer, the Office of Senator Kirsten Gillibrand, the Office of Delegate Stacey Plaskett, the American Civil Liberties Union, the Legal Aid Society of New York and the New York City Bar Justice Center.
Mr. Hof did not hear back from the Office of the Special Counsel. He is concerned that the attorney with whom he was corresponding at the Office of the Special Counsel, may have been among the removed. "This is gutting, and this is painful," Mr. Hof was quoted as saying. "Those of us outside government who possess knowledge of the fear currently striking our colleagues inside the government, have a unique responsibility to be vocal right now."
Why This Matters
The removal of Inspectors General and Justice Department attorneys—whose roles are critical to government oversight and impartial enforcement of the law—highlights the fragility of merit systems principles when protections are not enforced. 5 C.F.R. §§ 1201.21 and 1201.27, et seq, mandate that employees be informed of their right to pursue class claims when faced with adverse actions like removals. The regs exist for a reason - to ensure that systemic violations are addressed collectively, not in isolation; without language in removal notices to actually notify folks of their rights, folks are totally unaware, and the reason for the law and regs is defeated.
The firm's intervention requests go beyond the individuality of the action pending before the Board. The firm's request for intervenors seeks to reaffirm the integrity of Federal employment protections during a time of heightened public and institutional scrutiny.
While the White House itself bears ultimate responsibility for its decisions, it is clear that those tasked with shaping and executing personnel actions may have failed to adequately assess the legal and procedural ramifications of these removals, and may have failed the Administration. “The White House has a unique opportunity to demonstrate its commitment to the Federal workforce by distancing itself from the advisors and officials whose actions may have led to these procedural failures,” Mr. Hof said. "I remain confident and hopeful that the Board could issue an order of protection, or other declaratory statement, at any time, and as soon as this week, to clarify the applicability of merit systems protections principles as they relate to the removals over the past couple business days."
Corrective Statement
In a previous statement, the firm stated an intent to submit a request for intervention to the U.S. Attorneys Office in Brooklyn. Upon further research, the firm directed its requset directly to the Judicial Branch and the EDNY. The jurisdictional basis for the EDNY to intervene has been clearly communicated to the EDNY's Employee Dispute Resolution Coordinator, the Second Circuit Director of Workplace Relations and the Office of Judicial Integrity.
About Hof Law
Hof Law is a purpose-driven law firm that helps people. The firm advocates for when and where we can to stand up for what is right. The firm's Organizer was employed by the Executive from 2011 to 2023. The firm remains committed to upholding the values of fairness and compassion for the Federal workforce.
For media inquiries, please contact:
Joseph Hof, CEM
Hof Law, LLC
Tel: +1 9177403631