A federal judge has issued a significant ruling requiring several federal agencies to immediately reinstate probationary employees who were terminated last month as part of the Trump administration's initiative to significantly reduce the federal workforce. This decision, described by the judge as a “sham,” came from US District Judge William Alsup.
The preliminary injunction, issued from the bench on Thursday, mandates the Departments of Veterans Affairs, Agriculture, Defense, Energy, Interior, and Treasury to rehire the affected employees. Judge Alsup indicated that he may expand this order to include additional federal agencies in the future.
Judge Alsup, appointed by former President Bill Clinton, justified his ruling by asserting that the Office of Personnel Management (OPM) unlawfully instructed agencies to terminate probationary employees earlier in the year. These employees typically have been in their positions for less than a year. “The court finds that OPM did direct all agencies to terminate probationary employees with the exception of mission critical employees,” he stated, dismissing the Justice Department's claims that OPM merely provided “guidance” which led to the layoffs.
The ruling emerged from a case initiated by labor unions and other parties challenging OPM's involvement in the firings, which affected thousands of workers and caused distress across various federal agencies. Some agencies later took steps to rehire certain employees. Judge Alsup criticized the administration’s justification for the dismissals, noting that OPM had given agencies a template termination letter that cited “performance” as the reason for the layoffs. He contended that this rationale was a government tactic to circumvent federal laws that regulate workforce reductions.
“The reason that OPM wanted to put this based on performance was at least in part in my judgment a gimmick to avoid the Reductions in Force Act,” Alsup remarked. “Because the law always allows you to fire somebody for performance.” He added, “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. That should not have been done in our country. It was a sham in order to try to avoid statutory requirements.”
Typically, federal probationary employees serve in their roles for one year, although some positions may require a two-year probationary period. These employees might be new to the federal workforce or could have recently been promoted or transferred to a different agency.
Judge Alsup’s ruling marks a critical development in legal challenges against the administration's efforts to rapidly decrease the number of federal employees, a key objective linked to the Department of Government Efficiency led by Elon Musk. A similar lawsuit initiated by Democratic state attorneys general is currently pending in Maryland.
During the proceedings, Judge Alsup expressed frustration with the Justice Department for failing to present the acting head of the OPM for testimony regarding the decision to dismiss numerous probationary employees. He had previously ordered Charles Ezell, the acting OMB director, to testify at the hearing, where he would likely face intense questioning from union attorneys challenging OPM's role in the firings. However, the Justice Department declined to make Ezell available and withdrew a declaration he had submitted, which had been the government's sole evidence in the case.
Alsup directly criticized the DOJ, stating, “You’re afraid to do so because you know cross-examination will reveal the truth.” He further remarked, “You can’t just say, ‘here’s a declaration, you have to accept it without question’ when there is a question.” The judge condemned the documents provided by the DOJ as “sham documents,” emphasizing the importance of truthful evidence.
The Trump administration has particularly targeted probationary employees due to their limited job protections, making it easier to terminate their employment. While these employees generally cannot appeal their termination decisions to the Merit Systems Protection Board (MSPB), exceptions exist if the dismissals are politically motivated or related to marital status.
During the hearing, Judge Alsup sought clarification on whether the affected employees could appeal their terminations to the MSPB, requesting further legal arguments on this matter before finalizing his ruling. A former probationary employee from the IRS, part of the Treasury Department, expressed excitement about the ruling, stating that he and his colleagues were celebrating the decision. “Everyone on the group chat is celebrating,” the former IRS employee shared, highlighting the camaraderie among those who were recently dismissed.
This ruling is a pivotal moment for federal employees and may have lasting implications on employment practices within the federal workforce as legal challenges continue to unfold.
