Federal Judge Orders Rehiring of Thousands of Fired Probationary Workers

A Landmark Ruling Against Trump’s Government Gutting Initiative

On Thursday, a federal judge issued a significant ruling ordering six federal agencies to reinstate thousands of probationary workers who were fired under President Trump’s initiative to reduce the federal workforce. Judge William H. Alsup of the U.S. District Court for the Northern District of California ruled that the Trump administration’s mass firings of probationary employees were carried out unlawfully by the Office of Personnel Management (OPM), the government’s human resources arm. The judge emphasized that only federal agencies themselves have the authority to make broad hiring and firing decisions, not the OPM. In his ruling, Judge Alsup directed six federal agencies—the Treasury Department, the Department of Veterans Affairs, the Department of Agriculture, the Department of Defense, the Department of Energy, and the Department of the Interior—to comply with his order and offer reinstatement to any probationary employees who were improperly terminated. He also left the door open to expanding the ruling to other agencies in the future, depending on the extent of documented harm.

The Legal Challenge and the Unions’ Argument

The ruling stemmed from a lawsuit filed by federal employee unions that challenged the legality of the mass firings of probationary workers. The unions argued that these workers were caught up in a broader effort by President Trump and his administration to arbitrarily dismantle the federal government and demoralize its employees. Judge Alsup agreed with the unions, stating that the administration had used a loophole to fire probationary workers under the guise of poor performance, even when their actual job performance was not the issue. He described the government’s actions as a “gimmick” designed to expedite mass firings without following proper legal procedures.

The Judge’s Scathing Criticism of the Government’s Actions

Judge Alsup was deeply critical of the Trump administration’s actions, calling the mass firings a “sham” and accusing the government of lying about the reasons behind the terminations. “It is a sad day when our government would fire some good employee and say it was based on performance when they know good and well that’s a lie,” he said. He also extended a restraining order blocking the OPM from orchestrating further mass firings, but he made it clear that the reprieve for workers might only be temporary. Federal agencies are still allowed to conduct large-scale layoffs, known as a “reduction in force,” as long as they follow the proper legal processes.

The Ongoing Legal Battle and Expanding the Ruling

Hours after the ruling, the unions filed a motion seeking to expand the order to cover 16 additional federal agencies. Meanwhile, the government filed an appeal with the U.S. Court of Appeals for the Ninth Circuit, signaling its intention to contest the ruling. Judge Alsup’s decision has also drawn attention to the broader pattern of the Trump administration circumventing legal processes to achieve its goals. In other cases, judges have expressed concerns that federal agencies are moving to terminate contracts and grants faster than courts can intervene to block them.

The Agriculture Department’s Response and worker’s Plight

Even as the legal battle continues, affected workers remain in limbo. For example, the Agriculture Department had been ordered to reinstate 6,000 probationary workers earlier this month, but many of them remain on paid leave, with their jobs not fully restored. Danielle Leonard, a lawyer representing the unions, expressed skepticism about the government’s commitment to rehiring the workers, stating, “We do not believe that they are going to return any of these employees to actual service.” The Agriculture Department has since released a statement saying it is working on a “phased plan for return to duty” for these workers.

Judge Alsup’s Frustration with the Government’s Tactics

Judge Alsup also expressed frustration with the Trump administration’s refusal to comply with his requests for testimony from key officials involved in the firings. He had initially planned to have Charles Ezell, the acting head of the OPM, and other officials testify about the planning and execution of the layoffs. However, the government made it clear that Ezell would not appear, citing a long-standing practice of shielding top officials from testifying in court. Judge Alsup accused the government of misleading him and sidestepping his orders, calling the press releases submitted by the Justice Department as evidence “sham documents.” He also criticized the administration’s efforts to undermine agencies like the Merit Systems Protection Board, which protects federal workers’ rights, and the Office of Special Counsel, which assists workers in employment disputes. The judge made it clear that he was determined to uncover the truth behind the mass firings, even as the legal battle continues.