A judge has ordered multiple federal agencies to reinstate a group of probationary employees who were terminated en masse by the Trump administration last month. This decision aims to rectify what the court sees as an abuse of power and a violation of due process.
Judge William Alsup stated that the dismissal of these employees was part of a "sham" strategy designed to circumvent the proper procedures for reducing the federal workforce. The judge emphasized the importance of adhering to established protocols when making decisions about employment.
The order will apply to thousands of probationary employees who were terminated from the Department of Agriculture, Department of Defense, Department of Energy, Department of the Interior, Department of the Treasury, and Department of Veterans Affairs. The reinstatement aims to correct the injustice suffered by these employees.
At a hearing on Thursday, the Department of Justice insisted that the dismissals were based on guidance from the Office of Personnel Management (OPM), not a directive. The BBC has contacted OPM for comment. This clarification from the DOJ attempts to distance the dismissals from direct orders.
OPM, a once-obscure agency, is responsible for managing the federal government's civil service system. It has come under increased scrutiny as President Donald Trump has taken action to reduce the size of the federal workforce. San Francisco District Judge Alsup refuted the Justice Department lawyer's argument, citing evidence, including termination letters, that indicated the dismissals were carried out at OPM's direction. The judge made it clear that evidence pointed towards the dismissals being directed by OPM.
"This should not happen in our country," Judge Alsup said. "This is a ruse to avoid statutory requirements." Danielle Leonard, a lawyer representing the American Federation of Government Employees union, stated that probationary employees were targeted because they lacked appeal rights. During the hearing, Judge Alsup also lamented the termination of a government employee in Albuquerque, New Mexico, who received the highest performance rating but then received a termination notice citing poor performance. This specific case highlighted the unfairness of the dismissals.
"I just want to say it's a sad day when our government fires a good employee and says it's for performance reasons when they know it's a lie," Judge Alsup said. The judge's statement reflects a deep concern for the integrity of government employment practices.
White House Press Secretary Karoline Leavitt accused the judge of unilaterally "attempting to unconstitutionally seize from the Executive Branch the power to hire and fire." She said that this power belongs to the President and that "individual district court judges cannot abuse the power of the entire judiciary to obstruct the President's agenda." The White House's response indicates a strong disagreement with the judge's decision.
"The Trump administration will immediately fight back against this ridiculous and unconstitutional order." The administration's resolve suggests a protracted legal battle is likely.
Elon Musk's name was not mentioned during the hearing, but he was entrusted by President Trump to reduce the federal workforce through a temporary Department of Government Efficiency (Doge). "He's been on everyone's mind," said Luz Fuller, president of the American Federation of Government Employees Sacramento chapter, which represents more than 4,500 employees in Northern California. The White House [denies](https://www.bbc.co.uk/news/articles/c2erg38vjx8o) that Musk is the head of the agency, although Trump referred to him as the leader during his congressional address last week. This connection, though denied, adds another layer of complexity to the situation.