In a major victory for AFGE, allies, and federal workers, a judge in California ordered the Trump administration to reinstate probationary employees fired at six agencies, saying the firing “is based on a lie” and that the Office of Personnel Management (OPM) didn’t have the authority to order it. The administration's request for an emergency administrative stay has also been denied by the 9th Circuit.
This lawsuit was brought by AFGE and our allies.
Another judge in Maryland also ordered the administration to temporarily halt its planned reductions in force (RIFs) at 18 agencies, including the Department of Education that announced it would fire half of its staff.
This lawsuit was filed by state attorney generals.
Judge William Alsup of the U.S. District Court for the Northern District of California March 13 ordered immediate reinstatement of terminated probationary employees of the Veterans Affairs, Agriculture, Interior, Energy, Defense, and Treasury departments. These agencies must also 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 this week.
In issuing the decision, the judge pointed out that the administration didn’t follow the law when OPM directed the mass firing, using the same template to produce termination letters with poor performance as a reason even though the employees had received glowing performance reviews.
“It’s a sad, sad day when our government would fire a good employee and say it’s based on performance when they know good and well that is based on a lie,” the judge said.
AFGE is pleased with Judge Alsup’s order to immediately reinstate tens of thousands of probationary federal employees illegally fired from their jobs.
“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,” said AFGE President Everett Kelley.
The union earlier in the week successfully added the rest of the Cabinet-level agencies and some independent agencies to the lawsuit. AFGE remains hopeful that the judge will extend the ruling to these agencies. We’ve filed a motion to extend the order to cover 16 agencies.
In a separate case, more good news for AFGE members. Judge James Bredar of the U.S. District Court for the District of Maryland ordered the administration to temporarily reinstate the fired probationary employees and halt its planned RIFs, which the judge found were not in accordance with the regulations governing layoffs.
Source: AFGE.org
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