Firing processes are initiating; judge orders Trump administration to inform probationary workers they were not dismissed due to subpar job performance
In a significant turn of events, Judge William Alsup has ordered federal agencies to halt further unlawful terminations of employees during their probationary periods and to inform those who have been dismissed that their dismissals were not performance-based.
The judge's ruling comes after he found that the Office of Personnel Management (OPM) unlawfully directed agencies to take the firing action, making the original dismissals illegal. Alsup's initial finding was rooted in this breach of protocol.
The OSC, created by Congress to serve as a safeguard for federal workers against unlawful personnel practices, has dropped the cases of thousands of employees who pursued appeals through the independent watchdog agency. This decision was first reported by Government Executive.
President Trump's decision to fire the head of OSC, Hampton Dellinger, and replace him with the U.S. Trade Representative Jamieson Greer, has raised concerns about the effectiveness of this safeguard. Greer's actions suggest that the safeguard is no longer in effect, according to former head of the OPM, Rob Shriver.
Judge Alsup's order is expected to help reduce the harm caused by the original, unlawful terminations. The judge made clear that the stated reason for the dismissals was a "total sham."
At least some agencies, such as the National Oceanic and Atmospheric Administration (NOAA), have begun re-hiring their probationary employees, with terminations being retroactive to February. However, there are no available public records or reports indicating which authorities have once again dismissed probationary employees who had previously been reinstated due to unlawful termination, nor specific dates of any retroactive dismissals.
Since the employees have been re-hired, any future terminations will be carried out by individual agencies. At the IRS, for instance, managers have instructed re-hired probationary employees not to perform any work.
Judge Alsup's more refined order, issued on Friday, finds that federal employee unions representing the plaintiffs have standing to sue the Trump administration over the firings. This ruling was in response to a lawsuit filed by unions representing federal employees who were unlawfully terminated.
Alsup has also highlighted examples of high-performing employees who were terminated through a lie, underscoring the gravity of the situation. The judge's mandate to notify employees they were not fired for performance is a significant step towards restoring justice and fairness in the federal workforce.
The Supreme Court has paused Judge Alsup's original decision that led to the reinstatement of 16,000 employees at six departments. However, the judge's recent order to halt further unlawful terminations and to inform employees of the true reasons for their dismissals marks a crucial step towards ensuring the rights of federal workers are protected.
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