SAN FRANCISCO — A federal judge in San Francisco has ruled that the mass firings of probationary federal employees were likely unlawful, providing temporary relief to a coalition of labor unions and organizations that have challenged the Trump administration’s significant reduction of the federal workforce.
U.S. District Judge William Alsup ordered the Office of Personnel Management (OPM) to notify specific federal agencies that it lacked the authority to mandate the firings of probationary employees, including those within the Department of Defense. “OPM does not have any authority whatsoever, under any statute in the history of the universe,” to hire or fire any employees except its own, he stated.
Judge Alsup issued this order in response to a temporary restraining order sought by labor unions and nonprofit organizations in a lawsuit filed last week. The complaint, initiated by five labor unions and five nonprofit organizations, is one of several lawsuits aimed at countering the administration’s efforts to drastically shrink the federal workforce, which President Trump has labeled as bloated and inefficient. Thousands of probationary employees have already been terminated, and the administration is now targeting career officials who are protected by civil service regulations.
The plaintiffs argue that the Office of Personnel Management had no legal basis to terminate the positions of probationary workers, who typically have less than a year of employment. They contend that these firings were based on false claims of poor performance by the employees.
Government lawyers contend that the Office of Personnel Management did not directly instruct the firings but rather encouraged agencies to evaluate whether probationary employees were suitable for continued employment. They assert that probationary employees do not have guaranteed jobs and that only the highest-performing and mission-critical employees should be retained.
There are approximately 200,000 probationary workers across various federal agencies. Unions have faced setbacks in two other federal lawsuits that sought to halt the Trump administration’s initiative to significantly reduce the federal workforce.
Judge Alsup, appointed by President Bill Clinton, a Democrat, has presided over numerous high-profile cases and is recognized for his candid remarks. He previously oversaw the criminal probation of Pacific Gas & Electric and has described the nation’s largest utility as a “continuing menace to California.”
