Judge finds mass firings of federal probationary workers to likely be unlawful

A federal judge in San Francisco on Thursday found that the mass firings of probationary employees were likely unlawful, granting some temporary relief to a coalition of labor unions and organizations that has sued to stop the Trump administration’s massive trimming of the federal workforce.

U.S. District Judge William Alsup ordered the Office of Personnel Management to inform certain federal agencies that it had no authority to order the firings of probationary employees, including the Department of Defense.

“OPM does not have any authority whatsoever, under any statute in the history of the universe,” to hire or fire any employees but its own, he said.

Alsup handed down the order on a temporary restraining order sought by labor unions and nonprofits in a lawsuit filed by the coalition filed last week.

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Organizations sue Trump regarding firing of probationary workers

The complaint filed by five labor unions and five nonprofit organizations is among multiple lawsuits pushing back on the administration’s efforts to vastly shrink the federal workforce, which Trump has called bloated and sloppy. Thousands of probationary employees have already been fired and his administration is now aiming at career officials with civil service protection.

The plaintiffs say the Office of Personnel Management had no authority to terminate the jobs of probationary workers who generally have less than a year on the job. They also say the firings were predicated on a lie of poor performance by the workers.

Lawyers for the government say the Office of Personnel Management did not direct the firings, but asked agencies to review and determine whether employees on probation were fit for continued employment. They also say that probationary employees are not guaranteed employment and that only the highest performing and mission-critical employees should be hired.

There are an estimated 200,000 probationary workers — generally employees who have less than a year on the job — across federal agencies. About 15,000 are employed in California, providing services ranging from fire prevention to veterans’ care, the complaint says.

Unions have recently struck out with two other federal judges in similar lawsuits attempting to stop the Trump administration’s goal of vastly reducing the federal workforce.

Alsup, who was appointed by President Bill Clinton, a Democrat, has presided over many high-profile cases and is known for his blunt talk. He oversaw the criminal probation of Pacific Gas & Electric and has called the nation’s largest utility a “ continuing menace to California.”