Federal Court Orders Reinstatement of Fired Probationary Federal Employees
SAN FRANCISCO – Today, the U.S. District Court for the Northern District of California, presided over by Judge William H. Alsup, granted a Preliminary Injunction broadening a temporary restraining order against the Office of Personnel Management (OPM) and its Acting Director, Charles Ezell, finding the termination of probationary federal employees illegal because OPM had no authority to order it.
The judge ordered immediate reinstatement of terminated probationary employees of the Veterans Affairs, Agriculture, Interior, Energy, Defense, and Treasury departments, and these agencies must cease termination of probationary employees, effective immediately. The judge also forbade OPM from giving any guidance to federal agencies on which employees should be terminated. The agencies also must provide a compliance report to the court. The judge also authorized depositions and ordered further briefing on whether the administrative channel for fired workers is actually available, or if it has been destroyed by firings of Appeals Board and Office of Special Counsel personnel.
The plaintiffs in this case consist of the American Federation of Government Employees (AFGE); American Federation of State, County and Municipal Employees (AFSCME); the Main Street Alliance; the Coalition to Protect America’s National Parks; the Common Defense Civic Engagement; the Western Watersheds Project; AFGE Local 1216; AFGE Local 2110; VoteVets; CommonDefense.us; and United Nurses Associations of California/Union of Health Care Professionals (UNAC/UHCP), American Public Health Association; American Geophysical Union; the Association of Flight Attendants-CWA, AFL-CIO; Climate Resilient Communities; and Point Blue Conservation Science. The plaintiffs are represented by the law firm of Altshuler Berzon LLP and the State Democracy Defenders Fund (SDDF). The state of Washington is represented by the Washington Attorney General Nick Brown.
The plaintiffs had the following responses to the decision:
“AFGE is pleased with Judge Alsup’s order to immediately reinstate tens of thousands of probationary federal employees who were illegally fired from their jobs by an administration hellbent on crippling federal agencies and their work on behalf of the American public,” said Everett Kelley, National President of the American Federation of Government Employees. “We are grateful for these employees and the critical work they do, and AFGE will keep fighting until all federal employees who were unjustly and illegally fired are given their jobs back.”
“Public service workers are the backbone of our communities in every way. Today, we are proud to celebrate the court’s decision which orders that fired federal employees must be reinstated and reinforces they cannot be fired without reason. This is a big win for all workers, especially AFSCME members of the United Nurses Associations of California and Council 20, who will be able to continue their essential work at the Department of Agriculture, Veterans Affairs Department, and other agencies,” said AFSCME President Lee Saunders.
"The mass firing of public service employees is a direct assault on the environmental justice movement and will harm people living in heavily polluted communities. Today's decision represents a key win for our movement because our lifesaving work cannot proceed without the vital infrastructure and support of our federal employees,” said Violet Wulf-Saena, Founder and Executive Director of Climate Resilient Communities
“Government employees don't work in a vacuum. Their efforts—especially those at the SBA—touch the lives of millions of small business owners everyday. So an attack on government workers is an attack on the American economy as a whole,” said Richard Trent, Executive Director for the Main Street Alliance. “Today's ruling brings a bit more stability to a business ecosystem that's been upended and thrust into chaos over the last two months.”
“Today’s ruling by Judge Alsup is an important win for National Park Service employees who were wrongfully terminated,” said Phil Francis, Chair of the Executive Council of the Coalition to Protect America's National Parks. “These probationary employees must now be reinstated immediately and can return to the important business of protecting the irreplaceable resources and stories found at over 430 units of the National Park System. We know there are more fights ahead and we are grateful for the continued dedication and passion of our NPS employees who continue to protect our parks for future generations.”
“The recent mass layoffs have disproportionately affected Veterans, leading to job losses and increased uncertainty. This ruling is a win for the Veterans who have been impacted and rely on federal employment for stability, and these cuts have disrupted their livelihoods,” said VoteVets Action Fund Chairman Major General (Ret.) Paul Eaton.
“Science depends on dedicated professionals who devote themselves to robust discovery and inspired solutions. Today's ruling recognizes their critical role in our world. We look forward to continuing to fight for the federal workforce and that OPM’s direction of their terminations has significant and far-reaching harmful impacts on communities across the country that depend on their work.” – Statement by American Geophysical Union
"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. "This is just the first wave of assaults in a broader campaign by the Trump administration and its DOGE cartel to sabotage our government and dismantle protections for America’s lands and wildlife. But through the federal courts, our coalition has repelled this attack, and the judge has now ordered the federal agencies to re-hire the workers that were fired illegally. We will continue to strike back — relentlessly — against assaults on western public lands and wildlife."
"This is a win for the thousands of public servants who keep our country running, for veterans and their families who rely on the Department of Veterans Affairs and other agencies, and for the millions of Americans who depend on critical government services,” said Jose Vasquez, Executive Director of Common Defense. “The court’s decision stops a blatant power grab that threatened to gut essential services, from veterans’ healthcare to disaster relief. Today, justice prevailed, but our fight continues to ensure no administration can ever again play politics with the livelihoods of those who serve our country and our communities.”
“The law is clear that OPM has no authority to order the federal agencies to fire their employees. Today’s ruling is an important first step in holding this administration accountable for these unlawful acts,” said Danielle Leonard, Altshuler Berzon, representing the plaintiffs.
“Today’s decision is an important victory for the rights of federal workers. The work done by the plaintiffs, led by public service unions along with small businesses, veterans, and conservation organizations, has been extraordinary and tireless,” said Norm Eisen, executive chair of State Democracy Defenders Fund. “Together, we’re going to keep holding this administration accountable whenever and wherever they try to undermine the rights of the people of the United States under the cynical guise of reform.”