02/28/2025
Federal Court Finds Firing of Probationary Federal Employees Illegal
Judge Alsup calls probationary federal employees “the lifeblood of our government”
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SAN FRANCISCO – Today, the U.S. District Court for the Northern District of California, presided over by Judge William H. Alsup, granted a temporary restraining order against the Office of Personnel Management (OPM) and its Acting Director, Charles Ezell, finding the termination of probationary federal employees illegal because OPM had no authority to order it. Judge Alsup said that when federal agencies fire employees for no reason, “that’s just not right in our country,” adding that we can’t “run our agencies with lies.” “The Office of Personnel Management does not have any authority whatsoever under any statute in the history of the universe to hire and fire employees at another agency,” he stated.
The judge ordered OPM to immediately notify federal agencies of the ruling, including the Department of Defense, which is poised to terminate thousands of probationary employees tomorrow. Judge Alsup further ordered the federal government to disclose by Tuesday the participants on the February 13 call that has been widely reported to have been the occasion when OPM ordered the agencies to terminate probationary employees. He indicated that a longer written order would follow shortly on the heels of today’s ruling from the bench.
The coalition of plaintiffs on the case include the American Federation of Government Employees (AFGE); American Federation of State, County and Municipal Employees (AFSCME); the Main Street Alliance; the Coalition to Protect America’s National Parks; the Common Defense Civic Engagement; the Western Watersheds Project; AFGE Local 1216; AFGE Local 2110; VoteVets; and United Nurses Associations of California/Union of Health Care Professionals (UNAC/UHCP). They are represented by the law firm of Altshuler Berzon LLP and the State Democracy Defenders Fund (SDDF).
The plaintiffs had the following responses to the decision:
“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,” said Everett Kelley, National President of the American Federation of Government Employees. “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. OPM’s direction to agencies to engage in the indiscriminate firing of federal probationary employees is illegal, plain and simple, and our union will keep fighting until we put a stop to these demoralizing and damaging attacks on our civil service once and for all.”
“We know this decision is just a first step, but it gives federal employees a respite. While they work to protect public health and safety, federal workers have faced constant harassment from unelected billionaires and anti-union extremists whose only goal is to give themselves massive tax breaks at the expense of working people. We will continue to move this case forward with our partners until federal workers are protected against these baseless terminations,” said AFSCME President Lee Saunders.
“This decision by Judge Alsup is a major win for Main Street. The mass firings of Small Business Administration employees creates uncertainty for time-strapped entrepreneurs. Chaos is the enemy and this ruling brings a little bit more peace of mind to small business owners that keep our economy going,” said Richard Trent, Executive Director for the Main Street Alliance.
“This ruling is a win for National Park Service employees who have been wrongfully fired across the country,” said Phil Francis, Chair of the Executive Council of the Coalition to Protect America's National Parks. “NPS employees are dedicated to protecting the irreplaceable resources and stories found at over 430 units of the National Park System. Without our park rangers, our national parks - and the ability of Americans to safely visit them - are at risk. We applaud today’s ruling and we look forward to continuing the work to ensure our parks and people are protected.”
“The recent mass layoffs have disproportionately affected Veterans, leading to job losses and increased uncertainty. This ruling is a win for the Veterans who have been impacted and rely on federal employment for stability, and these cuts have disrupted their livelihoods,” said VoteVets Action Fund Chairman Major General (Ret.) Paul Eaton.
“The rule of law applies to everyone, including presidential administrations,” said Erik Molvar, Executive Director of Western Watersheds Project. “Federal land and wildlife agencies need staff to enforce environmental protection regulations and keep an eye on western public lands, so we are pleased that the courts have struck down these illegal firings.”
"This is a win for the thousands of public servants who keep our country running, for veterans and their families who rely on the Department of Veterans Affairs and other agencies, and for the millions of Americans who depend on critical government services,” said Jose Vasquez, Executive Director of Common Defense. “The court’s decision stops a blatant power grab that threatened to gut essential services, from veterans’ healthcare to disaster relief. Today, justice prevailed, but our fight continues to ensure no administration can ever again play politics with the livelihoods of those who serve our country and our communities.”
“The law is clear that OPM has no authority to order the federal agencies to fire their employees. Today’s ruling is an important first step in holding this administration accountable for these unlawful acts,” said Danielle Leonard, Altshuler Berzon, representing the plaintiffs.
“Today’s decision is an important victory for the rights of federal workers. The work done by the plaintiffs, led by public service unions along with small business, veterans, and conservation organizations, has been extraordinary and tireless,” said Norm Eisen, executive chair of State Democracy Defenders Fund. “Together, we’re going to keep holding this administration accountable whenever and wherever they try to undermine the rights of the people of the United States under the cynical guise of reform.”
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The American Federation of Government Employees (AFGE) is the largest federal employee union, representing more than 800,000 workers in the federal government and the government of the District of Columbia. For the latest AFGE news and information, visit the AFGE Media Center.
The Main Street Alliance champions the voices of small business owners to create a thriving economy. We cultivate a network of entrepreneurs, connecting them with resources to build sustainable enterprises. Our membership drives state and federal policymaking that gives a fair shot to small businesses and strengthens communities nationwide.
The Coalition to Protect America’s National Parks represents over 3,400 current, former, and retired employees and volunteers of the National Park Service, with over 50,000 collective years of stewardship of America’s most precious natural and cultural resources. More information can be found at protectnps.org.
Western Watersheds Project is a unionized nonprofit conservation group dedicated to protecting and restoring wildlife and watersheds throughout the American West.
Common Defense Civic Engagement (“CommonDefense.us”) is a grassroots membership organization of progressive veterans, military families, and civilian supporters standing up for our communities against the rising tide of racism, hate, and violence. Common Defense invests in the leadership of its members through training and deployment in campaigns that connect directly to their history of service, including voting rights, climate justice, and anti-militarism. Approximately 33,187 of Common Defense’s members live in California, including approximately 2,000 veterans.
VoteVets uses public issue campaigns to relentlessly lift up the voices of veterans on matters of national security, veterans’ care, and everyday issues that affect the lives of those who served, and their families.
The American Federation of State, County and Municipal Employees’ (AFSCME) 1.4 million members provide the vital services that make America happen. With members in communities across the nation, serving in hundreds of different occupations — from nurses to corrections officers, child care providers to sanitation workers — AFSCME advocates for fairness in the workplace, excellence in public services and freedom and opportunity for all working families.
United Nurses Associations of California/Union of Health Care Professionals (UNAC/UHCP) represents more than 40,000 registered nurses and other health care professionals.
Altshuler Berzon LLP is a California law firm that focuses on providing legal representation in the service of economic justice and the public interest. The law firm represents clients in federal and state trial and appellate courts and before administrative agencies.
State Democracy Defenders Fund brings together a nonpartisan team to work with national, state and local allies across the country to defend in real-time the foundations of our democracy.
