SAN FRANCISCO (AP) — The Trump administration’s central human resources office acted illegally when it directed the mass firings of probationary workers as part of President Donald Trump’s efforts to downsize the federal workforce, a judge has ruled.
More than 25,000 probationary workers were terminated soon after Trump took office in January, according to legal declarations from departments gathered as part of the lawsuit.
Alsup in March ordered the reinstatement of probationary workers, saying OPM had likely acted unlawfully in ordering the terminations of workers at other agencies.
Probationary workers are generally younger employees who are just starting their careers, but they can also include older employees who have moved into new positions.
“The terminated probationary employees have moved on with their lives and found new jobs.
SAN FRANCISCO (AP) — A judge has ruled that during President Donald Trump’s efforts to reduce the federal workforce, the Trump administration’s central human resources office committed illegality by ordering the mass termination of probationary employees.
U. A. On Friday, San Francisco District Judge William Alsup ruled in favor of a group of nonprofits and labor unions, saying that the U.S. S. . In order to hire and fire its own employees, the Office of Personnel Management “illegally exceeded its own powers and usurped and exercised powers reserved by Congress to each individual” federal agency.
He claimed that the government “disagrees but does not persuade” in its defense that the office only provided advice to other agencies and did not make hiring decisions.
According to a statement from Everett Kelley, national president of the American Federation of Government Employees, “Judge Alsup’s decision makes clear that thousands of probationary workers were wrongfully fired, exposes the sham record the government relied upon, and requires the government to tell the wrongfully terminated employees that OPM’s reasoning for firing them was false.”.
An email asking for comment on Monday was not immediately answered by the Office of Personnel Management.
Legal declarations from departments gathered as part of the lawsuit show that shortly after Trump took office in January, more than 25,000 probationary employees were fired.
In March, Alsup issued a directive to reinstate probationary employees, stating that OPM had probably violated the law by directing the dismissal of employees at other agencies. However, the U. S. In April, the Supreme Court overturned that decision on a technicality without making a decision in the case at hand.
During a period of budget cuts, Alsup, a Democrat and Clinton’s nominee, was especially concerned about employees being let go for subpar work, which the administration defines as not being mission critical. Probationary workers can include older employees who have transitioned into new roles, but they are typically younger employees who are just beginning their careers.
Alsup’s ruling on Friday stated that too much time had passed to reinstate fired employees; however, he is directing the majority of the agencies listed as defendants to send individual letters to employees stating they were not fired for performance and to update personnel files.
The National Aeronautics and Space Administration and the State Department are examples of exempt agencies.
The fired probationary staff members have found new employment and moved on with their lives. Many would no longer have the capacity or desire to resume their positions. In the intervening months, the aforementioned agencies have also undergone extensive reorganization and new executive priorities. Alsup wrote, “Many probationers would have no post to return to.”.
