SAN FRANCISCO (AP) — A federal judge in San Francisco ruled that the mass firings of probationary federal employees were likely illegal. This decision brings temporary relief to a group of labor unions that sued to stop the Trump administration from reducing the federal workforce.
U.S. District Judge William Alsup stated that the Office of Personnel Management (OPM) did not have the authority to order agencies to fire probationary employees, particularly in the Department of Defense. “OPM cannot hire or fire employees except for its own staff,” Alsup emphasized.
The lawsuit was initiated by five labor unions and five nonprofit organizations as part of a broader pushback against the administration’s efforts to decrease the workforce, which Trump referred to as bloated. Many probationary employees have already been dismissed, and the administration is targeting career federal workers who have civil service protections.
Government lawyers acknowledged that OPM cannot fire employees in other agencies. However, they argued that OPM requested agencies to evaluate whether probationary employees should keep their jobs. They clarified that probationary employees do not have guaranteed positions and that only top performers should be retained.
Assistant U.S. Attorney Kelsey Helland noted in court that plaintiffs were confusing a request from OPM with an official order. The ruling is a win for the coalition of labor organizations, although it doesn’t guarantee that terminated employees will be reinstated or prevent future firings.
Danielle Leonard, an attorney for the unions, explained that this ruling serves as a warning to federal agencies about the unlawful nature of the firings. Everett Kelley, head of the American Federation of Government Employees, expressed hope for workers who were unfairly dismissed.
Currently, there are about 200,000 probationary employees in the federal system, many of whom work in critical areas like veterans’ services and fire prevention. For example, around 15,000 probationary employees are based in California.
The Department of Government Efficiency, spearheaded by Elon Musk, has stirred unrest among federal workers. Recent demands included emails asking staff to list their accomplishments from the previous week, with threats of termination for non-compliance. The Office of Personnel Management later clarified that this request was optional, though similar requests might arise again.
The lawsuit mentions that various agencies informed workers that they were following orders from OPM to terminate employees, using a standard email template to communicate the reasons for firing.
Judge Alsup expressed deep concern about the treatment of probationary employees, emphasizing their importance to the government workforce. “These employees are vital to our government,” he pointed out, reflecting on the potential impact of these firings on public services.
The judge, noted for his straightforward approach, plans to issue a detailed written order, with an evidentiary hearing scheduled for March 13.
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