Judge Rules Probationary Employees MUST Be Rehired

In a strongly-worded order, Judge William J. Alsup of the U.S. District Court for the Northern District of California went further than he had previously, finding that the Trump administration’s firing of probationary workers had essentially been done unlawfully and by fiat through the Office of Personnel Management, the government’s human resources arm. This is a major blow to the Felonious Punk administration and to DOGE’s efforts to severely reduce the number of federal employees.

The Treasury and the Veterans Affairs, Agriculture, Defense, Energy, and Interior Departments were ordered to reinstate any employees who were improperly terminated. There is no word as to how quickly those positions might be reinstated. In some cases, offices have been gutted and buildings put up for sale.

Judge Alsup took a very no-nonsense tone in his order, calling the government’s actions a “gimmick.” He said it was clear that federal agencies had followed directives from the Office of Personnel Management to use a loophole allowing them to fire probationary workers en masse based on poor performance, regardless of their actual conduct on the job.

“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,” he said. “It was a sham in order to try to avoid statutory requirements.”

There remains the possibility, however, that fired probationary employees could return to work, complete with back pay, only to be terminated once again. Judge Alsup allowed that agencies are allowed to conduct a Reduction In Force (RIF) according to rules set forth by the Congress. The judge’s decision on Thursday, also extends a restraining order last month blocking the Office of Personnel Management from orchestrating further mass firings. Judge Alsup had wanted to question administration officials regarding the methods used in terminating the employees, but Charles Ezell, the acting head of the Office of Personnel Management, would not appear.

The order requires the affected agencies to report back within seven days with an explanation of what has been done to comply.

While the order is seen as a win for federal employees unions and others that have resisted the massive personnel cuts, former federal employees are not throwing any parties just yet. It is unclear as to whether employees of subagencies are included as well as whether employee ratings would factor into who would be rehired. Some probationary employees have mentioned that they were given lower scores during their exit interview because they had not yet been in their position for a full year.

Further clarification is expected from Judge Alsup over the coming week. Neither the White House nor the Office of Personnel Management had a statement available at this time.