A federal judge on Thursday ordered the US government to reverse mass firings of probationary federal employees, ruling that the Office of Personnel Management (OPM) lacked the authority to direct such terminations. The decision is a legal setback for US President Donald Trump and Elon Musk’s plan to downsize the federal workforce.
US district judge William Alsup, presiding over the case in San Francisco, directed the OPM to withdraw directives sent to various federal agencies that resulted in thousands of employees being laid off.
“The Office of Personnel Management does not have any authority whatsoever under any statute in the history of the universe to hire and fire employees at another agency,” Alsup said, according to The Washington Post.
The ruling follows lawsuits filed by labor unions and advocacy groups that argued federal agencies had been illegally instructed to terminate all probationary employees. Under federal employment laws, a worker in their first or second year of employment is considered probationary, even if promoted from a lower rank. Tens of thousands of workers were affected by the move.
“OPM, the federal agency charged with implementing this nation’s employment laws, in one fell swoop has perpetrated one of the most massive employment frauds in the history of this country,” a plaintiffs’ legal filing stated, according to The Washington Post.
The government acknowledged that OPM does not have hiring or firing authority over other agencies but argued that the office had only requested agencies review probationary employees’ performance and determine their suitability for continued employment.
“I think plaintiffs are conflating a request by OPM with an order by OPM,” said Kelsey Helland, an assistant US attorney, in court Thursday.
However, Judge Alsup was unconvinced, stating that OPM’s communications to agencies carried the weight of an order. He instructed the acting head of the agency, Charles Ezell, to testify about a February 13 phone call in which agency heads were reportedly told to proceed with terminations.
“The agencies could thumb their noses at OPM if they wanted to if it’s guidance, but if it’s an order, or cast as an order, the agencies may think they have to comply,” Alsup said.
Elon Musk, through the newly created Department of Government Efficiency, has spearheaded the effort to streamline the federal workforce. His initiatives have included demands such as a Saturday email requiring federal workers to list five tasks they had completed the previous week or risk termination. The OPM later clarified that the directive was voluntary, though similar performance evaluations could be expected in the future.
Unions and advocacy groups welcomed the ruling, viewing it as a crucial victory against what they described as an illegal attempt to purge the federal workforce.
“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.”
Despite the ruling, it remains unclear whether fired employees will be reinstated or if future layoffs will be prevented. Alsup noted that while unions may lack legal standing to sue, nonprofit organizations involved in the lawsuit likely have a case, as their members would suffer from reduced government services due to staff reductions.
“Probationary employees are the lifeblood of our government,” Alsup said, adding that these workers represent younger employees who progress through the ranks.
The judge plans to issue a written order, with an evidentiary hearing scheduled for March 13.