US Judges have ordered that several federal agencies reinstate probationary employees who were fired in masse by the government last month.
District judges in California and Maryland ruled that proper procedures were not followed to reduce the size of federal employees.
William Alsup, a San Francisco judge, called the firings of a number of departments including defence, energy and veterans affairs a “sham”.
The Department of Justice stated that the firings were based on the Office of Personnel Management’s (OPM) guidance, rather than a direct order.
Judge Alsup rebutted the arguments of the DOJ lawyer, citing evidence such as termination letters which stated that the firings had been carried out according to OPM’s orders.
“That shouldn’t have been done in this country,” said Judge Alsup. It was all a sham to avoid the statutory requirements.
Danielle Leonard, an attorney representing a coalition government employee unions, explained that probationary employees were targeted as they did not have the right to appeal.
Judge Alsup cited a firing of a government employee in Albuquerque (New Mexico) for poor performance, when he was actually given the highest marks.
Judge Alsup stated, “It is sad that our government would fire an employee for poor performance and claim it was due to their own fault.” They knew full well it was a lie.
District Judge James Bredar ruled in Baltimore, Maryland that Trump’s Team had violated regulations. He also said that the idea that workers were fired individually for poor performance was highly unlikely.
White House Press Secretary Karoline Lavitt claimed that Judge Alsup was “trying to unconstitutionally take the hiring and firing power from the executive branch”.
She stated that the power resides with the President and “single district court judges can’t abuse the power to the entire judiciary in order to thwart president’s agenda”.
She added, “The Trump Administration will immediately fight against this absurd and constitutionally unconstitutional Order.”
Subscribe to our weekly HR news and guidance
Every Wednesday, receive the Personnel Today Direct newsletter.
