WASHINGTON, D.C. (FEDweek) — Updated: Two federal judges have ordered the reinstatement of many thousands of probationary employees fired by the Veterans Affairs, Agriculture, Interior, Energy, Defense, and Treasury departments, in an expansion of an earlier ruling holding that OPM had ordered the firings despite having no authority to do so.
A bench ruling by District Judge William Alsup of the U.S. District Court for Northern California is among the latest in a series of rulings against the firings, which are in the tens of thousands government-wide. He earlier had ordered a pause in further layoffs at two of those departments—DoD and VA—and at several other agencies, but his new ruling from the bench Thursday (March 13) goes beyond that pause by ordering employees returned to their jobs.
According to the AFGE union, a party to the case, the judge ordered that the departments cease further firings and provide information regarding the reinstatement of those already removed.
Alsup “also forbade OPM from giving any guidance to federal agencies on which employees should be terminated” and “ordered further briefing on whether the administrative channel for fired workers is actually available, or if it has been destroyed by firings of appeals board and Office of Special Counsel personnel,” the AFGE said.
Also on Thursday Maryland District Court judge James Bredar issued a temporary restraining order in response to a related, multi-state lawsuit, calling for the reinstatement of fired probationary employees.
The TRO orders defendants (it names nearly ever federal agency and agency heads – sued in their official capacity), to reinstate any probationary employee fired after January 20, 2025 – unless the employee was “actually terminated on the basis of a good-faith, individualized determination.”
Agencies have until March 17 to reinstate the employees, and file with the court status reports detailing compliance activities. The reports should include the number of employees reinstated, broken down by subagency, department, and/or other subdivision,” the order stated.
“Well established law does not permit the government to fire probationary employees without reasons based in performance or conduct. The Judge found that the Government essentially falsified its reasons for terminating these employees by claiming performance,” said Michael Fallings, a Parter at Tully Rinckey PLLC. “I think this ultimately comes down to whether the Supreme Court believes the President has power to fire employees, for whatever reason.”
MSPB Orders Remain in Place, while OSC Challenge Uncertain
The White House had ordered the firing of an MSPB member, Cathy Harris, which would have left the board without a quorum to hear appeals by federal employees challenging their firings and other personnel actions. However, in a separate suit a judge has ordered that she remain in office.
Meanwhile, the White House’s firing of Special Counsel Hampton Dellinger has taken effect. Dellinger dropped his challenge after an initial ruling against him by an appeals court. That ruling left the position in the Trump administration’s hands to fill through what would have been many more months of legal fighting.
Dellinger had sponsored two cases before the MSPB that resulted in the reinstatement at least temporarily of fired probationary employees—one a test case of one employee each from six agencies and the other involving some 5,900 laid off by the Agriculture Department.
Those orders remain in place, but Dellinger’s ouster leaves in question whether the OSC will continue to pursue them and what could have been more against other agencies.
