A federal judge on Thursday ordered six federal agencies to rehire thousands of workers with probationary status who had been fired as part of President Trump’s government-gutting initiative.
Ruling from the bench, Judge William H. Alsup of the U.S. District Court for the Northern District of California went further than a previous ruling. He found that the Trump administration’s firing of probationary workers had essentially been done unlawfully by fiat from the Office of Personnel Management, the government’s human resources arm. Only agencies themselves have broad hiring and firing powers, he said.
He directed the Treasury and the Veterans Affairs, Agriculture, Defense, Energy and Interior Departments to comply with his order and offer to reinstate any probationary employees who were improperly terminated. But he added that he was open to expanding his decision later to apply to other agencies where the extent of harms had not been as fully documented yet.
Judge Alsup said he was convinced that federal agencies followed a directive from senior officials in the Office of Personnel Management to use a loophole allowing them to fire probationary workers by citing poor performance, regardless of their actual conduct on the job. He concluded that the government’s actions were a “gimmick” intended to expeditiously carry out mass firings.
“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.
“It was a sham in order to try to avoid statutory requirements,” he added.
Ruling from the bench, Judge William H. Alsup of the U.S. District Court for the Northern District of California went further than a previous ruling. He found that the Trump administration’s firing of probationary workers had essentially been done unlawfully by fiat from the Office of Personnel Management, the government’s human resources arm. Only agencies themselves have broad hiring and firing powers, he said.
He directed the Treasury and the Veterans Affairs, Agriculture, Defense, Energy and Interior Departments to comply with his order and offer to reinstate any probationary employees who were improperly terminated. But he added that he was open to expanding his decision later to apply to other agencies where the extent of harms had not been as fully documented yet.
Judge Alsup said he was convinced that federal agencies followed a directive from senior officials in the Office of Personnel Management to use a loophole allowing them to fire probationary workers by citing poor performance, regardless of their actual conduct on the job. He concluded that the government’s actions were a “gimmick” intended to expeditiously carry out mass firings.
“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.
“It was a sham in order to try to avoid statutory requirements,” he added.
