A federal judge in San Francisco appointed by Bill Clinton claimed that the Trump administration that the mass firings of probationary employees were likely against the law.
Two weeks ago, the White House and Elon Musk’s Department of Government Efficiency has ordered the feds to lay off nearly all probationary workers who had not yet gained civil service protection.
In addition, workers at some agencies were warned that large workplace cuts would be coming, in moves that could effect 200,000 employees.
Judge William Alsup, 79, ordered the Office of Personnel Management to inform certain federal agencies that it had no authority to order the firings of probationary employees, including at the Department of Defense.
‘OPM does not have any authority whatsoever, under any statute in the history of the universe,’ to hire or fire any employees but its own, Alsup said.
The complaint filed by five labor unions and five nonprofit organizations is among multiple lawsuits trying to stop the administration´s efforts to shrink a workforce that Trump has called bloated and sloppy.
Lawyers for the government agree that the office has no authority to hire or fire employees in other agencies but they said the Office of Personnel Management asked agencies to review and determine whether employees on probation were fit for continued employment.
They also said that probationary employees are not guaranteed employment and that only the highest performing and mission-critical employees should be hired.
Judge William Alsup, 79, ordered the Office of Personnel Management to inform certain federal agencies that it had no authority to order the firings of probationary employees, including at the Department of Defense
Two weeks ago, the White House and Elon Musk ‘s Department of Government Efficiency has ordered the feds to lay off nearly all probationary workers who had not yet gained civil service protection
Attorneys for the coalition cheered the order, although it does not mean that fired employees will automatically be rehired or that future firings will not occur.
‘What it means in practical effects is the agencies of the federal government should hear the court´s warning that that order was unlawful,’ said Danielle Leonard, an attorney for the coalition, after the hearing.
‘This ruling by Judge Alsup is an important initial victory for patriotic Americans across this country who were illegally fired from their jobs by an agency that had no authority to do so,’ said Everett Kelley, national president of the American Federation of Government Employees.
‘These are rank-and-file workers who joined the federal government to make a difference in their communities, only to be suddenly terminated due to this administration´s disdain for federal employees and desire to privatize their work.’
Unions have recently struck out with two other federal judges.
A judge in Washington, D.C., last week denied a motion from unions to temporarily block layoffs because he found their complaint should be heard in federal labor court.
Earlier this month, a judge in Massachusetts said unions suing over a deferred resignation offer weren´t directly affected and so lacked legal standing to challenge it.
Alsup said labor unions likely lack legal standing to sue, but the nonprofit organizations likely have cause because their members will be denied government services resulting from the loss of workers, such as the enjoyment of parks, mental health services for veterans and loans for small businesses.
People hold signs during a protest against Elon Musk outside of a Tesla dealership in West Bloomfield, Michigan
The initial order was an expansion of previous directions from OPM, which told agencies earlier this week that probationary employees should be fired if they weren´t meeting high standards
The judge plans to issue a written order. An evidentiary hearing is set for March 13.
Trump´s initial attempt to downsize the workforce was the deferred resignation program, commonly described as a buyout, which offered to pay people until Sept. 30 if they agreed to quit.
The White House said 75,000 people signed up, and a federal judge cleared a legal roadblock for the program on Wednesday.
However, the number of workers who took the offer was less than the administration’s target, and Trump has made it clear he would take further steps.
The decision on probationary workers, who generally have less than a year on the job, came from the Office of Personnel Management, which serves as a human resources department for the federal government.
It´s expected to be the first step in sweeping layoffs. President Donald Trump signed an executive order Tuesday that told agency leaders to plan for ‘large-scale reductions in force.’
Musk , whom President Trump has given wide leeway to slash government spending with DOGE, called for the elimination of whole agencies.
‘I think we do need to delete entire agencies as opposed to leave a lot of them behind,’ Musk said via a videocall to the World Governments Summit in Dubai , United Arab Emirates. ‘If we don´t remove the roots of the weed, then it´s easy for the weed to grow back.’
Trump has also been sharply critical of federal workers, especially those who want to keep working remotely, though his administration is simultaneously working to cut federal office space and ordering the termination of worksite leases throughout the government.
