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By Khaleda Rahman
National Correspondent
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Two federal judges on Thursday ordered federal agencies to reinstate tens of thousands of probationary workers who had been fired as part of President Donald Trump's plans to shrink the federal workforce.
Newsweek reached out to the various agencies for comment via email on Friday.
Why It Matters
Trump initiated mass firings of probationary employees across multiple agencies last month as part of his administration's efforts to downsize the federal workforce. Probationary employees were targeted as they're usually new to the job and lack full civil service protection.
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However, multiple lawsuits filed over the mass firings alleged they were unlawful. Two judges concluded that the Trump administration used falsely cited "performance" issues to expeditiously carry out the mass firings and ignored legally mandated procedures.
One lawsuit alleged that at least 24,000 probationary employees have been terminated since Trump took office, though the government has not confirmed that number. Federal agencies collectively employ more than 200,000 probationary workers, according to data reviewed by Newsweek.
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What To Know
U.S. District Judge William Alsup's ruling on a lawsuit brought by federal employees' unions said that firings ordered by the Office of Personnel Management were unlawful. His order directed six departments—Agriculture, Defense, Energy, Interior, the Treasury and Veterans Affairs—to offer reinstatement to probationary employees who were fired.
Then, U.S. District Judge James Bredar's ruling, in a lawsuit brought by Democratic state attorneys general, found that the Trump administration did not follow rules set out for large-scale layoffs, including providing 60 days' advance notice.
He ordered agencies except at the Department of Defense and 13 others mentioned in Alsup's order to rehire employees.
A spokesperson for the Interior Department declined to comment on the rulings. The department "remains committed to its mission of managing the nation's resources and serving the American people while ensuring fiscal responsibility," the spokesperson said. "However, Department policy is to not comment on litigation related to personnel matters."
The departments and agencies ordered to rehire probationary workers by the two judges include:
- Department of Agriculture
- Department of Commerce
- Department of Defense
- Department of Education
- Department of Energy
- Department of Health and Human Services
- Department of Homeland Security
- Department of Housing and Urban Development
- Department of the Interior
- Department of Labor
- Department of Transportation
- Department of the Treasury
- Department of Veterans Affairs
- U.S. Agency for International Development
- Consumer Financial Protection Bureau
- Environmental Protection Agency
- Federal Deposit Insurance Corporation
- General Services Administration
- Small Business Administration
What People Are Saying
Alsup said on Thursday, per The Associated Press: "It is sad, 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. That should not have been done in our country."
Bredar wrote in his ruling: "Here, the terminated probationary employees were plainly not terminated for cause. The sheer number of employees that were terminated in a matter of days belies any argument that these terminations were due to the employees' individual unsatisfactory performance or conduct... The Government's contention to the contrary borders on the frivolous."
White House press secretary Karoline Leavitt said in a statement responding to Alsup's ruling: "A single judge is attempting to unconstitutionally seize the power of hiring and firing from the Executive Branch."
"The President has the authority to exercise the power of the entire executive branch – singular district court judges cannot abuse the power of the entire judiciary to thwart the President's agenda," Leavitt said. "If a federal district court judge would like executive powers, they can try and run for President themselves. The Trump Administration will immediately fight back against this absurd and unconstitutional order."
Everett Kelley, president of the American Federation of Government Employees, said in a statement: "AFGE 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."
The Department of Agriculture said in a statement on Tuesday: "On Wednesday, March 5, the Merit Systems Protection Board (MSPB) issued a 45-day stay on the termination of U.S. Department of Agriculture probationary employees. By Wednesday, March 12, the Department will place all terminated probationary employees in pay status and provide each with back pay, from the date of termination. The Department will work quickly to develop a phased plan for return-to-duty, and while those plans materialize, all probationary employees will be paid."
What's Next
Neither of the orders were final decisions.
Alsup's ruling issued a preliminary injunction to remain in effect indefinitely until a final decision is rendered. Bredar's ruling is set to last 14 days, but could be extended as the lawsuit plays out.
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