The Trump administration must immediately rehire tens of thousands of probationary federal employees that were terminated from multiple agencies including the Department of Defense, Veterans Affairs, Energy, Agriculture, Interior and Treasury, a federal judge ruled Thursday.
California District Court Judge William Alsup said the Trump administration had “unlawfully” conducted a mass firing of probationary workers – typically employees who have been in a job for two years or less – through a decree made by the Office of Personnel Management.
Calling the government’s actions a “gimmick” and a “sham,” Alsup ordered the six agencies to rehire those workers and extended a temporary injunction prohibiting the Office of Personnel Management from issuing guidance about whether workers can be terminated.
“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,” Alsup said.
It’s the latest legal blow dealt to President Donald Trump and billionaire Elon Musk as they attempt to drastically reduce the federal workforce in an effort to cut government spending.
While the mass firing of probationary workers was considered “unlawful,” Alsup clarified that agencies may still conduct a reductions in force so long as it follows proper protocol.
“If it’s done right, there can be a reduction in force within an agency, that has to be true,” Alsup said.
The decision does not impact Thursday’s deadline for federal agencies to submit their plans for mass layoffs to the White House and Office of Personnel Management. That directive arose from the Department of Government Efficiency’s recommendation to eliminate “waste, fraud and abuse” within agencies while also significantly downsizing the federal workforce.
The ruling came after a heated hearing where Alsup criticized leaders in the Office of Personnel Management for failing to show up to another hearing.
“You will not bring the people in here to be cross-examined,” Alsup told lawyers from the Department of Justice. “You’re afraid to do so because you know cross-examination would reveal the truth.”
Alsup accused lawyers for the government of trying to avoid giving honest answers to the court about the mass firings by not giving their full cooperation with the evidentiary hearing.
Thursday’s ruling stems from a lawsuit brought by unions representing tens of thousands of federal employees. Lawyers representing the unions argued the mass firings had devastating effects on agencies, probationary employees as well as career civil servants.
“The law is clear that OPM has no authority to order the federal agencies to fire their employees. Today’s ruling is an important first step in holding this administration accountable for these unlawful acts,” Danielle Leonard, the lawyer representing the unions and other organizations said in a statement.
In response to the ruling, White House Press Secretary Karoline Leavitt accused Alsup of overreaching.
“A single judge is attempting to unconstitutionally seize the power of hiring and firing from the Executive Branch. The President has the authority to exercise the power of the entire executive branch – singular district court judges cannot abuse the power of the entire judiciary to thwart the President’s agenda,” Leavitt said.
“If a federal district court judge would like executive powers, they can try and run for President themselves. The Trump Administration will immediately fight back against this absurd and unconstitutional order,” Leavitt added.
