A federal judge on Thursday ordered President Donald Trump’s administration to reinstate thousands—if not tens of thousands—of probationary workers let go in mass firings across multiple agencies last month, saying that the terminations were directed by a personnel office that had no authority to do so.
U.S. District Judge William Alsup in San Francisco ordered the departments of Veterans Affairs, Agriculture, Defense, Energy, the Interior and the Treasury to immediately offer reinstatement to employees terminated on or about Feb. 13 and 14 using guidance from the Office of Personnel Management and its acting director, Charles Ezell.
Alsup directed the agencies to report back within seven days with a list of probationary employees and an explanation of how the departments complied with his order as to each person.
The temporary restraining order came in a lawsuit filed by a coalition of labor unions and organizations as the Republican administration moves to dramatically downsize the federal workforce.
The White House and the Department of Justice did not immediately respond to messages seeking comment.
Alsup expressed frustration with what he called the government’s attempt to sidestep laws and regulations governing a reduction in its workforce — which it is allowed to do — by firing probationary workers who lack protections. He was appalled that employees were fired for poor performance despite receiving glowing evaluations just months earlier.
“It is sad, 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. “That should not have been done in our country.”
Lawyers for the government maintain the mass firings were lawful because individual agencies reviewed and determined whether employees on probation were fit for continued employment.
But Alsup has found that difficult to believe. He planned to hold an evidentiary hearing Thursday, but Ezell, the OPM acting director, did not appear to testify in court or even sit for a deposition. The judge encouraged the government to appeal.
There are an estimated 200,000 probationary workers across federal agencies. They include entry level employees but also workers who recently received a promotion.
About 15,000 are employed in California, providing services ranging from fire prevention to veterans’ care, according to the lawsuit filed by the coalition of labor unions and nonprofit organizations.
The plaintiffs said in their complaint that numerous agencies informed workers that the personnel office had ordered the terminations, with an order to use a template email informing workers their firing was for performance reasons.