A federal judge in San Francisco ruled on Thursday that the mass firings of probationary federal employees were likely against the law. This decision gives temporary relief to a group of labor unions and nonprofit organizations that filed a lawsuit to stop the Trump administration from cutting back the federal workforce in a major way.
U.S. District Judge William Alsup directed the Office of Personnel Management (OPM) to tell certain federal agencies, including the Department of Defense, that it does not have the power to fire probationary employees.
“OPM does not have any authority whatsoever, under any statute in the history of the universe,” Judge Alsup said during the hearing. He emphasized that OPM can only manage its own employees.
The lawsuit from five unions and five nonprofit groups is one of several legal efforts to challenge the administration’s push to reduce the number of federal workers, which Trump has described as too large and inefficient. Thousands of workers on probation have already been let go, and the administration is now targeting long-term employees with civil service protections.
Government lawyers admitted that OPM doesn’t have the power to hire or fire employees in other agencies. But they said the office had only asked agencies to review their probationary staff, not ordered them to fire anyone. They argued that workers on probation don’t have guaranteed jobs and that only the best workers should be kept.
“I think plaintiffs are confusing a request by OPM with an order by OPM,” said Kelsey Helland, an assistant U.S. attorney, in court.
The coalition’s attorneys welcomed the judge’s ruling, though it doesn’t require that fired employees be rehired or guarantee that similar firings won’t happen in the future.
“What it means in practical effects is the agencies of the federal government should hear the court’s warning that that order was unlawful,” said attorney Danielle Leonard after the hearing.
Donald TrumpEverett Kelley, president of the American Federation of Government Employees, said, “This ruling by Judge Alsup is an important initial victory for patriotic Americans across this country who were illegally fired from their jobs by an agency that had no authority to do so.”
“These are rank-and-file workers who joined the federal government to make a difference in their communities, only to be suddenly terminated due to this administration’s disdain for federal employees and desire to privatize their work,” he added.
The Office of Personnel Management did not respond to a request for comment, and a Justice Department attorney declined to speak on the matter.
Judge Alsup ordered OPM to notify certain agencies—those connected to the five nonprofits in the case—that it has no power to fire employees. These agencies include those dealing with veterans, parks, small businesses, and defense. He was especially concerned about firings in the Department of Defense.
He also ordered Charles Ezell, the acting head of OPM, to testify in court about a phone call on February 13, during which agency leaders were reportedly told to fire probationary employees.
Alsup explained that agencies could ignore advice from OPM, but if the message was given as a command, they might have felt forced to follow it.
Some probationary workers said they received identical email notices of termination. Across federal agencies, about 200,000 workers are on probation, usually meaning they’ve been employed for less than a year. About 15,000 of them are based in California, providing services like fire prevention and support for veterans, according to the lawsuit.
Elon Musk has been leading the job cuts through the Department of Government Efficiency. His efforts have shaken up the workforce with demands like a Saturday email requiring employees to list five tasks they completed the previous week, or risk being fired. OPM later said the request was optional, although similar messages might appear in the future.
The lawsuit says that several agencies told employees that their firings came by order of OPM and that the firings were justified using a pre-written message claiming poor performance.
At the National Science Foundation, for example, leaders had decided to keep certain employees, but then reversed course, reportedly because OPM told them to fire those workers, the complaint says.
Labor unions have recently lost two cases in other courts
A judge in Washington, D.C., said a complaint about layoffs should be taken up by a labor court. Another judge in Massachusetts ruled that a group of unions didn’t have the legal right to challenge a forced resignation offer.
Alsup suggested that while unions might not have the right to sue in this case, the nonprofit groups likely do, because their members could be harmed by the loss of federal services—such as access to parks, mental health care for veterans, or loans for small businesses.
The judge expressed frustration that probationary workers were fired with poor performance listed on their records.
“Probationary employees are the lifeblood of our government,” Alsup said, pointing out that they are often younger workers who hope to build careers in public service.
Alsup, appointed by President Bill Clinton, is known for being direct and handling big cases. He once called Pacific Gas & Electric a “continuing menace to California” while overseeing the company’s criminal probation.
He said he will issue a written order later. A formal hearing is scheduled for March 13.