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A U.S. judge on Thursday ruled that the Trump administration must reinstate thousands of government workers fired from half a dozen federal agencies based on the “lie” that their performance warranted termination.
U.S. District Judge for the Northern District of California William Alsup—an appointee of former President Bill Clinton—granted a preliminary injunction supporting a temporary restraining order against the Office of Personnel Management (OPM) and acting Director Charles Ezell on the grounds that the mass firing of probationary federal employees is “unlawful” because the agency lacked the authority for the move.
Alsup—who last month
also found the OPM firings illegal—ordered the Trump administration to immediately reinstate all probationary employees terminated from the departments of Agriculture, Defense, Energy, Interior, Treasury, and Veterans Affairs.
“The reason that OPM wanted to put this based on performance was at least in part in my judgment a gimmick to avoid the
Reductions in Force (RIF) Act, because the law always allows you to fire somebody for performance,” Alsup said, referring the process used by federal agencies reduce the size of their workforce during reorganizations or budget cuts.
Last month, Trump signed an executive order directing Elon Musk’s Department of Government Efficiency to institute RIFs across federal agencies as part of a so-called “workforce optimization initiative.”
“It is a sad day when our government would fire some good employee and say it was based on performance when they know good and well that’s a lie,” Alsup wrote. “That should not have been done in our country. It was a sham in order to try to avoid statutory requirements.”
While the White House blasted Alsup’s ruling as “absurd and unconstitutional” and lodged an
appeal, advocates for government workers cheered the decision.
Everett Kelley, national president of the American Federation of Government Employees (AFGE), said in a statement that the union “is pleased with Judge Alsup’s order to immediately reinstate tens of thousands of probationary federal employees who were illegally fired from their jobs by an administration hellbent on crippling federal agencies and their work on behalf of the American public.”
“We are grateful for these employees and the critical work they do, and AFGE will keep fighting until all federal employees who were unjustly and illegally fired are given their jobs back,” Kelley added.
Lee Saunders, president of the American Federation of State, County, and Municipal Employees (AFSCME), said: “Public service workers are the backbone of our communities in every way. Today, we are proud to celebrate the court’s decision which orders that fired federal employees must be reinstated and reinforces they cannot be fired without reason.”
“This is a big win for all workers, especially AFSCME members of the United Nurses Associations of California and Council 20, who will be able to continue their essential work at the Department of Agriculture, Veterans Affairs Department, and other agencies,” Saunders added.
Violet Wulf-Saena, founder and executive director of Climate Resilient Communities—a California-based nonprofit that “brings people together to create local solutions for a healthy planet”—also welcomed Thursday’s ruling.
“The mass firing of public service employees is a direct assault on the environmental justice movement and will harm people living in heavily polluted communities,” she said. “Today’s decision represents a key win for our movement because our lifesaving work cannot proceed without the vital infrastructure and support of our federal employees.”
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