Judge finds mass firings of federal probationary workers were likely
unlawful
[February 28, 2025]
By JANIE HAR
SAN FRANCISCO (AP) — A federal judge in San Francisco on Thursday found
that the mass firings of probationary employees were likely unlawful,
granting temporary relief to a coalition of labor unions and
organizations that has sued to stop the Trump administration’s massive
dismantling of the federal workforce.
U.S. District Judge William Alsup 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 pushing back on the
administration’s efforts to shrink a workforce that Trump has called
bloated and sloppy. Thousands of probationary employees have already
been fired, and his administration is now aiming at career officials
with civil service protection.
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.
“I think plaintiffs are conflating a request by OPM with an order by OPM,”
said Kelsey Helland, an assistant U.S. attorney in court Thursday.
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."
An email seeking comment from the Office of Personnel Management was not
immediately returned Thursday. Michelle Lo, an assistant U.S. attorney
with the Department of Justice, declined to comment.
Alsup ordered the personnel office to inform a limited number of federal
agencies represented by the five nonprofits that are plaintiffs in the
lawsuit, which include veterans, parks, small businesses and defense. He
seemed particularly troubled by firings expected at the Department of
Defense.
He also ordered the acting head of the personnel office, Charles Ezell,
to testify in court about the nature of a Feb. 13 phone call in which
agency heads were told to fire probationary employees.
“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,” he said.
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President Donald Trump speaks during a Cabinet meeting at the White
House in Washington, Tuesday, Feb. 26, 2025. (Pool via AP, file)
Probationary employees say they received a template email
There are an estimated 200,000 probationary workers — generally
employees who have less than a year on the job — across federal
agencies. About 15,000 are employed in California, providing
services ranging from fire prevention to veterans’ care, the
complaint says.
Elon Musk has led the purge through the newly created Department of
Government Efficiency, roiling the workforce with demands including
a Saturday email sent through the personnel office ordering workers
to list five things they did last week or risk getting fired. The
Office of Personnel Management later said that the edict was
voluntary, although workers could face similar requests in the
future.
The plaintiffs said in their complaint that numerous agencies
informed workers that the personnel office had ordered the
terminations, with an order to use a template e-mail informing
workers their firing was for performance reasons.
Probationary employees of the National Science Foundation, for
example, were told by the foundation that it had decided to retain
its workers but was overruled by the Office of Personnel Management,
according to the complaint.
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.
Judge calls probationary employees 'the lifeblood of our
government'
He was appalled that probationary employees were fired with a mark
against them for poor performance.
“Probationary employees are the lifeblood of our government,” he
said, adding that they are younger employees who work their way up.
Alsup, who was appointed by President Bill Clinton, a Democrat, has
presided over many high-profile cases and is known for his blunt
talk. He oversaw the criminal probation of Pacific Gas & Electric,
which he called a “ continuing menace to California.”
The judge plans to issue a written order. An evidentiary hearing is
set for March 13.
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