Two judges in mass firings cases order Trump administration to rehire
probationary workers for now
[March 14, 2025]
By JANIE HAR, BRIAN WITTE and LINDSAY WHITEHURST
SAN FRANCISCO (AP) — Two federal judges handed down orders requiring
President Donald Trump's administration to rehire thousands, if not tens
of thousands, of probationary workers let go in mass firings across
multiple agencies Thursday, slowing down for now the president's
dramatic downsizing of the federal government.
Both judges separately found legal problems with the way the mass
terminations were carried out and ordered the employees at least
temporarily brought back on the job.
The Trump administration has already appealed the first ruling. White
House press secretary Karoline Leavitt cast it as an attempt to encroach
on the president's power to hire and fire employees. “The Trump
Administration will immediately fight back against this absurd and
unconstitutional order," she said in a statement.
In San Francisco, U.S. District Judge William Alsup found Thursday
morning that terminations across six agencies were directed by the
Office of Personnel Management and an acting director, Charles Ezell,
who lacked the authority to do so.
In Baltimore, U.S. District Judge James Bredar found that the
administration did not follow laws set out for large-scale layoffs,
including 60 days' advance notice. Bredar, who was appointed by
President Barack Obama, ordered the firings temporarily halted and the
workforce returned to the status quo before the layoffs began.
He sided with nearly two dozen states that filed a lawsuit alleging the
mass firings are illegal and already having an impact on state
governments as they try to help the suddenly jobless.
At least 24,000 probationary employees have been terminated since Trump
took office, the lawsuit alleges, though the government has not
confirmed that number. including advance notice required for affected
states.
The Trump administration argues that the states have no right to try and
influence the federal government’s relationship with its own workers.
Justice Department attorneys argued the firings were for performance
issues, not large-scale layoffs subject to specific regulations.
The White House did not immediately return an email seeking comment on
Bredar's ruling.
Probationary workers have been targeted for layoffs across the federal
government because they’re usually new to the job and lack full civil
service protection. Multiple lawsuits have been filed over the mass
firings.
Alsup's order tells the departments of Veterans Affairs, Agriculture,
Defense, Energy, the Interior and the Treasury to immediately offer job
reinstatement to employees terminated on or about Feb. 13 and 14. He
also directed the departments to report back within seven days with a
list of probationary employees and an explanation of how the agencies
complied with his order as to each person.
The temporary restraining order came in a lawsuit filed by a coalition
of labor unions and organizations as the Republican administration moves
to reduce the federal workforce.
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A federal employee, who asked not to use their name for fears over
losing their job, protests with a sign saying "Federal Employees
Don't Work for Kings" during the "No Kings Day" protest on
Presidents Day in Washington, in support of federal workers and
against recent actions by President Donald Trump and Elon Musk, Feb.
17, 2025, by the Capitol in Washington. (AP Photo/Jacquelyn Martin,
File)
“These mass-firings of federal workers were not just an attack on
government agencies and their ability to function, they were also a
direct assault on public lands, wildlife, and the rule of law,” said
Erik Molvar, executive director of Western Watersheds Project, one
of the plaintiffs.
Alsup expressed frustration with what he called the government's
attempt to sidestep laws and regulations governing a reduction in
its workforce — which it is allowed to do — by firing probationary
workers who lack protections and cannot appeal.
He was appalled that employees were told they were being fired for
poor performance despite receiving glowing evaluations just months
earlier.
“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," he said. “That should not have been done in our
country.”
Lawyers for the government maintain the mass firings were lawful
because individual agencies reviewed and determined whether
employees on probation were fit for continued employment.
But Alsup, who was appointed by President Bill Clinton, a Democrat,
has found that difficult to believe. He planned to hold an
evidentiary hearing Thursday, but Ezell, the OPM acting director,
did not appear to testify in court or even sit for a deposition, and
the government retracted his written testimony.
“I know how we get at the truth, and you’re not helping me get at
the truth,” Alsup said to Kelsey Helland, an assistant U.S.
attorney.
There are an estimated 200,000 probationary workers across federal
agencies. They include entry-level employees but also workers who
recently received a promotion.
About 15,000 are employed in California, providing services ranging
from fire prevention to veterans’ care, according to the lawsuit
filed by the coalition of labor unions and nonprofit organizations
that represent parks, veterans and small businesses.
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 email informing
workers their firing was for performance reasons.
___
Witte reported from Annapolis, Maryland. Whitehurst reported from
Washington.
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