Federal Judge Orders Reinstatement of Fired Probationary Employees, Calls terminations "Unlawful"
A federal judge in California has ruled that the termination of thousands of probationary federal employees last month was unlawful. U.S. District Judge William Alsup, presiding over a challenge brought by a coalition of unions against the Trump administration, ordered six federal agencies to reinstate the fired workers. The affected departments include Veterans Affairs, Agriculture, Defense, Energy, Interior, and Treasury. Judge Alsup, appointed by President Bill Clinton, emphasized that neither the Office of Personnel Management (OPM) nor its Acting Director, Charles Ezell, had the authority to direct these terminations across agencies. He described the firings as a "sham" and criticized the government for falsely attributing the terminations to performance issues, calling it a "sad day" for the country.
The Legal Battle and the Unions’ Challenge
The unions argued that OPM lacked the legal authority to order the mass firings, which were carried out as part of President Trump’s efforts to shrink the federal workforce. Judge Alsup agreed, stating that while federal law allows for reductions-in-force (RIFs), such actions must follow specific legal requirements. He accused the Trump administration of using OPM as a "gimmick" to bypass these requirements and noted that the firings targeted probationary employees, who cannot challenge their terminations through the Merit Systems Protection Board (MSPB). This, the judge said, was a deliberate attempt to strip workers of their rights. The unions also pointed to a memo from Ezell, which highlighted that probationary employees could be terminated without triggering appeal rights, further supporting the claim that the firings were unlawful.
The Hearing and Judge Alsup’s Criticism of the Trump Administration
During the hearing, Judge Alsup sharply criticized the Trump administration’s efforts to avoid transparency. He accused the administration of attempting to prevent key officials, such as Charles Ezell, from testifying and providing critical information about the firings. Alsup also condemned President Trump’s broader efforts to undermine the MSPB, which oversees appeals of federal employee terminations. The judge noted that Trump’s removal of MSPB member Cathy Harris and former special counsel Hampton Dellinger was likely part of a larger effort to "decimate" the board and leave federal workers without recourse. Alsup made clear that the court would not tolerate such tactics, stating, "I know how we get at the truth, and you’re not helping me."
The Impact on Federal Employees and Agencies
The mass firings, which affected thousands of probationary employees, were carried out under the guise of performance-based terminations. However, Judge Alsup found that the terminations were directed by OPM, not the individual agencies, and thus violated federal law. Many of the affected employees were not new to the workforce but included seasoned workers who had recently received promotions. Danielle Leonard, a lawyer representing the unions, described the firings as "profoundly unlawful" and criticized the administration for targeting employees who could not challenge their terminations. She argued that the firings created significant disruptions across federal agencies, removing experienced workers and undermining the effectiveness of the government.
The Trump Administration’s Defense and Broader Efforts to Shrink the Federal Workforce
Lawyers for the government argued that the terminations were lawful and that agency heads had made the final decisions about whom to fire. However, Judge Alsup rejected this argument, pointing out that OPM’s involvement in coordinating the firings made it clear that the agency was directing the actions. The mass firings were part of a broader effort by the Trump administration to reduce the size of the federal government. In addition to the terminations, the administration offered a "deferred resignation program," which allowed employees to resign but continue receiving pay and benefits until September 30. Approximately 75,000 employees accepted this offer, though the administration had hoped for closer to 200,000 participants.
Conclusion: A Victory for Federal Workers and a Rebuke for the Trump Administration
Judge Alsup’s ruling marks a significant victory for federal workers and a rebuke for the Trump administration’s efforts to bypass legal protections for employees. The judge’s order not only reinstates the fired workers but also sends a clear message that the government must adhere to the law when carrying out personnel actions. The unions hailed the decision as a win for federal employees and a check on executive overreach. However, the broader context of the Trump administration’s efforts to shrink the federal workforce and undermine civil service protections raises ongoing concerns about the future of federal employment and the rights of government workers. For now, Judge Alsup’s ruling ensures that thousands of employees will have the opportunity to continue their service and that the rule of law will prevail in federal personnel matters.
