Fired Probationary Workers Must be Reinstated Judges Rule as Administration Appeals

Two federal judges ruled that thousands of probationary federal workers who were fired, must get their jobs back. 

However, what happens next is up in the air and fired federal workers remain in limbo as the Trump Administration immediately appealed the rulings. 

A Pair of Court Rulings Appear to Send Workers Back to Work

U.S. District Judge William Alsup of the District Court for Northern California issued an immediate injunction, saying the Trump Administration terminations were unlawful. Judge Alsup said the Office of Personnel Management (OPM) did not have the authority to order terminations elsewhere in the government. 

“The reason that OPM had wanted to put this based on performance was at least in my view a gimmick to avoid the [RIF laws],” said Judge Alsup. 

This ruling applied to workers at the Departments of Veterans Affairs, Agriculture, Defense, Energy, Interior, and Treasury. Judge Alsup ordered the reinstatement to happen immediately. He also chastised OPM for refusing to make OPM acting director Charles Ezell available for cross-examination. 

In Maryland, U.S. District Judge James Bredar issued an injunction stating that probationary employees at 18 agencies must be reinstated by March 17 at their jobs or be placed on administrative leave. It also barred agencies from conducting future reductions in force (RIFs) unless they comply with relevant laws and regulations. 

“In this case, the government conducted massive layoffs, but it gave no advance notice. It claims it wasn’t required to because, it says, it dismissed each one of these thousands of probationary employees for 'performance' or other individualized reasons," Judge Bredar wrote in his ruling."On the record before the Court, this isn’t true. There were no individualized assessments of employees. They were all just fired. Collectively.”

Judge Bredar’s temporary restraining order expires March 27. 

The White House insists the rulings are unconstitutional.

"You cannot have a low-level district court judge filing an injunction to usurp the executive authority of the president of the United States," said White House Press Secretary Karoline Leavitt, who added the administration will fight back “using the full weight of the White House’s counsels’ office.” 

Some Agencies Make Moves for Reinstatement

While the appeals process plays out, GovExec reports that some agencies are taking steps to bring back the terminated employees by placing them on administrative leave. 

The General Services Administration (GSA) reportedly sent emails to fired workers letting them know they will be put back on the payroll via administrative leave. 

“By this memorandum, your trial period termination notice issued on [redacted] is rescinded,” said a GSA email obtained by GovExec. “You will be placed on administrative leave during the reinstatement period until notified otherwise.”

Labor Relations Leaders Reinstated

And judges are also reinstating federal labor relations leaders that were fired by President Trump.

A federal judge ordered the reinstatement of Susan Grundmann as chair of the Federal Labor Relations Authority (FLRA).  

U.S. District Judge Sparkle Sooknanan said that the firing of Grundmann without cause violated federal law. 

And U.S. District Judge Beryl A. Howell  reinstated Gwynne Wilcox as chair of the National Labor Relations Board (NLRB). Judge Howell called the president's firing of Wilcox “flat wrong.”