Federal Judge Reinstates Fired Probationary Employees in Blow to Trump Administration

A federal judge in California found that the termination of probationary federal employees ordered by the Office of Personnel Management (OPM) was unlawful, as OPM and its Acting Director lacked the authority to direct the terminations across agencies. The judge's ruling applies to employees at the Departments of Veterans Affairs, Agriculture, Defense, Energy, Interior, and Treasury.

Judge orders 6 agencies to rehire fired federal probationary workers

U.S. District Judge William Alsup condemned the terminations as a "sham" to avoid statutory requirements. He noted that federal law allows for mass layoffs (termed "reduction-in-force"), but with strict adherence to regulations. The judge criticized the use of OPM to execute a mass layoff of probationary workers as a "gimmick" and highlighted President Trump's actions to remove key officials and disrupt the Merit Systems Protection Board (MSPB) as part of an effort to limit employees' recourse against firings.

Government's Response

The White House responded to Judge Alsup's ruling by claiming that a "single judge" was attempting to overstep the executive's power. The judge's order followed a hearing where he expressed his frustration with the government's attempts to keep OPM's Acting Director from testifying and his determination to uncover the truth behind the terminations. The judge concluded that the agencies were directed by OPM to dismiss probationary workers, except for those deemed "mission critical."

Unlawful Firings and Legal Battle

The mass firings, which affected thousands of probationary employees, were presented as performance-based terminations as part of President Trump's efforts to reduce the federal workforce. The unions and other parties challenged the firings, arguing that OPM lacked the authority to order such actions. The government defended itself by claiming that the final termination decisions were made by the departments, despite OPM's involvement in coordinating the efforts.

The judge's order followed a previous decision providing temporary relief, indicating that the mass firings were likely unlawful and directing OPM to inform certain agencies of its lack of authority in the terminations. In response, OPM revised its guidance to the departments, stating that they do not have to take specific performance-based actions regarding probationary employees, clarifying that the agencies have ultimate decision-making authority over personnel actions.

Trump's Federal Workforce Reduction

In addition to the mass firings, President Trump's attempts to drastically reduce the federal workforce included a deferred resignation program. Under this program, government workers were given the option to resign while retaining full pay and benefits until September 30, though far fewer employees accepted the offer than expected. The unions and other challengers continue to dispute the legality and authority behind these significant personnel actions.