The order was made from the bench during a court hearing.
The Trump administration on March 13 was ordered to reinstate thousands of workers it terminated across six agencies, including the U.S. Department of Defense.
U.S. District Judge William Alsup ruled during a hearing in a federal courtroom in San Francisco that the administration must bring the workers back, because the Office of Personnel Management (OPM) does not have power to order firings, and that there is evidence the office improperly directed the termination of newer employees at the agencies.
Under the order, six agencies—the Pentagon, the U.S. Department of Veterans Affairs, the U.S. Department of Agriculture, the U.S. Department of Energy, the U.S. Department of Interior, and the U.S. Treasury Department—must reinstate the workers they fired on or around Feb. 14 based on guidance from OPM and its acting director.
The full number of workers who are being reinstated is not clear but numbers at least 9,100, based on public statements from three of the agencies.
The White House and the Department of Justice did not immediately respond to requests seeking comment.
There are an estimated 200,000 probationary workers across federal agencies. They include entry-level employees but also workers who recently received a promotion.
OPM has been in contact with agencies regarding the termination of probationary employees.
On Jan. 20, the same day President Donald Trump was sworn in, acting OPM Director Charles Ezell said that, in general, newer employees can be fired without triggering their rights to appeal.
OPM on Feb. 14 told agencies to “separate probationary employees you have not identified as mission-critical.”
OPM two weeks later said that when agencies fail to take advantage of probationary periods, “poor performers tend to remain in the federal service far too long because supervisors are less likely to remove an employee with full appeal rights.”
Unions sued the office, alleging it lacked the authority to terminate workers.
Government lawyers have said that OPM was only issuing guidance, not orders. OPM in revised guidance issued March 4 told agencies that “agencies have ultimate decision-making authority over, and responsibility for … personnel actions.”
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