Two judges in mass firings cases order Trump administration to rehire probationary workers for now

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 ignored laws set out for large-scale layoffs. Bredar, who was appointed by President Barack Obama, ordered the firings halted for at least two weeks 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.

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.

“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.
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Witte reported from Annapolis, Maryland. Whitehurst reported from Washington.

Related: Judge orders Trump to reinstate probationary workers let go in mass firings across multiple agencies