Another judge orders Trump to reinstate probationary workers dismissed in mass firings

SAN FRANCISCO — A judge in Maryland has blocked for now the mass firings of probationary federal workers and ordered thousands of fired probationary workers to be reinstated, marking the second decision of its kind on Thursday.

The order from U.S. District Judge James Bredar came late Thursday in a lawsuit filed by 19 states and the District of Columbia against multiple federal agencies alleging the mass firings are illegal.

The states contend that the Trump administration blindsided them by ignoring laws set out for large-scale layoffs, which already are having an effect on state governments as they try to help the newly jobless. At least 24,000 probationary employees have been terminated since President Trump took office, the lawsuit claims, though efforts by the judge to get an estimate from a government attorney at a hearing Wednesday were unsuccessful.

The Trump administration argues that the states have no right to try to influence the federal government’s relationship with its own workers. Trump has said he’s targeting fraud, waste and abuse in a bloated federal government.

Earlier Thursday, a federal judge in San Francisco ordered the administration to rehire thousands, if not tens of thousands, of probationary workers let go across multiple agencies, criticizing its tactics as he slowed the new president’s dramatic downsizing of the federal government.

U.S. District Judge William Alsup said that the terminations were directed by the Office of Personnel Management and its acting director, Charles Ezell, who lacked the authority to do so.

Alsup ordered the departments of Veterans Affairs, Agriculture, Defense, Energy, Interior and 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 dismantle 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.

The White House did not immediately respond to messages seeking comment. Assistant U.S. Atty. Michelle Lo declined to comment.

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 said he was appalled that employees were 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 Clinton, said he has found that difficult to believe. He planned to hold an evidentiary hearing Thursday, but Ezell did not appear to testify in court or sit for a deposition, and the government withdrew his declaration.

Alsup encouraged the government to appeal.

The case is among multiple lawsuits challenging the mass firings. Another judge in Maryland also appeared skeptical of the Trump administration’s position in a Wednesday hearing held in a suit brought by nearly two dozen states. A judge in Washington, D.C., on the other hand, ruled against unions last month, finding the fired workers needed to work through a process set out in employment law.

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 including fire prevention and 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 Office of Personnel Management had ordered the terminations, with an order to use a template email informing workers their firing was for performance reasons.

Har, Witte and Whitehurst write for the Associated Press.