Judge rules Trump administration to rehire thousands of employees at VA and Defense Department
Judge William Alsup in San Francisco ruled Thursday that the firings did not follow federal law, as he ordered to reinstate probationary employees who were recently laid off.
On Thursday, judge William Aslup ordered several federal agencies to rehire probationary employees who were laid off as part of the Trump administration's sweeping cuts to the federal workforce. This represents the latest legal setback for President Donald Trump and DOGE overseer Elon Musk.
Alsup further stated that the terminations were directed by a personnel office that had no authority to do so. He ordered the departments of Veterans Affairs, Agriculture, Defense, Energy, Interior, and Treasury to immediately offer reinstatement to employees laid off around February 13 and 14, using guidance from the Office of Personnel Management (OPM) and its acting director, Charles Ezell.
Judge rules Trump administration to rehire thousand of employees
Alsup ordered the agencies to provide within seven days a list of probationary employees and an explanation of how the departments complied with its order regarding each person. The temporary restraining order came in a lawsuit filed by a coalition of unions and organizations as the Republican administration moves to drastically reduce the federal workforce. The White House and the Justice Department did not immediately respond to messages seeking comment.
The judge expressed frustration with what he called the government's attempt to circumvent laws and regulations governing a reduction in its workforce — which it is allowed to do — by laying off probationary workers who lack protections. He was dismayed that employees were fired for poor performance despite receiving good reviews just months earlier. “It is sad, a sad day,” said Alsup. “Our government would fire some good employee, and say it was based on performance. When they know good and well, that's a lie.”
Were the layoffs even legal?
Government lawyers maintain that the mass layoffs were legal because individual agencies reviewed and determined whether probationary employees were suitable for continued employment. But Alsup has found that hard to believe. He planned to hold an evidentiary hearing Thursday, but Ezell, the OPM acting director, did not show up to testify in court. The judge encouraged the government to appeal.
There are an estimated 200,000 probationary workers in federal agencies. They include entry-level employees, but also workers who recently received a promotion. About 15,000 are employed in California, providing services ranging from fire prevention to caring for veterans, according to the lawsuit filed by the coalition of unions and nonprofits.