CALIFORNIA – California federal judge William H. Alsup, ordered, March 13, the Trump Administration to reinstate thousands of employees who were recently mass-fired.
Alsup 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.
According to Government Executive, roughly 24,000 probationary employees – typically those hired within the last one or two years, whom agencies can quickly fire for cause, will regain their jobs as a result of the decision.
“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,” said Alsup.
Earth science employee with outstanding reviews fired
The Trump Administration said it was reducing the federal workforce based on performance reviews to improve efficiency and accountability.
However, Alsup said lawyers from the Office of Personnel Management (OPM) and the Justice Department were not being honest in making that claim.
He referred to a terminated earth science employee at the Agriculture Department who received only outstanding performance reviews.
“The reason that OPM had wanted to put this based on performance was at least in my view a gimmick to avoid the [Reduction In Force laws],” Alsup said.
The judge said the Trump Administration can reduce the federal workforce but must follow federal laws and the Constitution to do so.
The Trump Administration will immediately fight back
According to the Associated Press, the administration immediately filed an appeal of the order with the Ninth Circuit Court.
“The Trump Administration will immediately fight back against this absurd and unconstitutional order,” White House press secretary Karoline Leavitt said in a statement.
Many unions and advocacy groups voiced their support for the judge’s decision.
“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.
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