San Francisco, California – A federal judge in San Francisco has issued a preliminary injunction ordering six federal agencies to reinstate probationary employees fired last month. The judge criticized the Trump administration’s attempt to rapidly downsize the federal workforce, calling it a “sham.” US District Judge William Alsup’s ruling applies to the departments of Veterans Affairs, Agriculture, Defense, Energy, Interior, and Treasury, with the possibility of extending to other federal agencies in the future.
Alsup, an appointee of former President Bill Clinton, deemed the Office of Personnel Management’s directive to lay off probationary employees unlawful, as it targeted individuals who had been on the job for less than a year. The judge dismissed the Justice Department’s argument that the OPM provided mere guidance to the agencies, leading to the terminations.
The order for reinstatement is effective immediately, with the Justice Department indicating its intent to appeal the ruling to the 9th US Circuit Court of Appeals. The case stemmed from labor unions challenging the OPM’s role in the firings, which impacted numerous employees across federal agencies.
Criticism from Alsup included disapproval of the administration’s justification for firing employees based on performance, which circumvented federal laws governing reductions in the federal workforce. The judge emphasized that this approach was an attempt to avoid statutory requirements, calling it a “sham.”
Probationary employees in the federal workforce typically serve one to two-year periods and have fewer job protections, making them easier to dismiss. Alsup’s ruling is a significant development in cases questioning the administration’s authority to reduce federal employees quickly, a priority under the Elon Musk-led Department of Government Efficiency.
The White House labeled the ruling as “absurd and unconstitutional,” leading to a tense exchange during a hearing where the Justice Department avoided making the acting head of the OPM available to testify. Alsup expressed frustration with the DOJ’s actions, accusing them of submitting “sham documents” and failing to assist in revealing the truth.
