Judge orders some federal agencies to reinstate thousands of probationary workers

A federal judge in California on Thursday ordered that the departments of Veterans Affairs, Defense, Energy, Interior, and Treasury reinstate probationary employees who were terminated last month.

The departments must “offer reinstatement to any and all probationary employees terminated on or about February 13,” U.S. District Judge William Alsup wrote in the order, referring to the date when the Office of Personnel Management held a call with department and agency heads and directed them to fire probationary employees.

Alsup said the OPM’s directive to fire all probationary employees, as it did in a written memo as well as the February phone call, was not legal.

“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,” Alsup said.  

The judge added that there is nothing wrong with reductions in force “if it’s done correctly under the law.”

Plaintiffs’ attorney Danielle Leonard argued the government knew what it was doing in going after probationary employees for removal, saying, “This has been the plan since the very beginning. Fire them all because they can’t appeal.”  

Alsup expressed outrage at the beginning of the hearing, which had been scheduled to go over evidence, when the administration said the Office of Personnel Management’s acting director, Charles Ezell, would not testify as the judge had ordered.

You’re not helping me get at the truth,” Alsup said, calling the information the government did provide, “press releases” and a “sham.”

“It upsets me, I want you to know that,” he said. 

The judge also ordered that any further terminations of probationary employees must be made by the departments or agencies themselves, within the regulations outlined in the Civil Service Reform Action, and Reduction in Force Act. 

Alsup further asked for a list of all fired probationary employees and an explanation of what the departments and agencies were doing to comply with the order.