Judge orders USDA to reinstate unlawfully fired employees

Federal court rulings in California and Maryland have ordered multiple government agencies to reinstate probationary employees who they say were unlawfully terminated under directives from the Office of Personnel Management.

U.S. District Judge William Alsup of California found that the firings violated legal protections, while U.S. District Judge James Bredar of Maryland ruled that the Trump administration had failed to follow proper procedures for large-scale layoffs, including providing a 60-day advance notice.

As a result, 14 federal departments — including Agriculture, Defense, Energy, Interior, Treasury, and Veterans Affairs — along with several agencies such as the Environmental Protection Agency, the Small Business Administration, and the Consumer Financial Protection Bureau, have been ordered to offer reinstatement to affected employees.

The U.S. Department of Agriculture released the following statement regarding the status of probationary employees:

“On Wednesday, March 5, the Merit Systems Protection Board issued a 45-day stay on the termination of U.S. Department of Agriculture probationary employees. By Wednesday, March 12, the Department will place all terminated probationary employees in pay status and provide each with back pay, from the date of termination. The Department will work quickly to develop a phased plan for return-to-duty, and while those plans materialize, all probationary employees will be paid.”

According to Newsweek, Alsup’s ruling imposed a preliminary injunction that will remain in place indefinitely until a final decision is reached. Bredar’s ruling is set to last 14 days but may be extended as the lawsuit progresses.

Alsup, appointed by President Bill Clinton, acknowledged that federal law permits agencies to conduct a “reduction-in-force,” the government’s term for mass layoffs, but only if they meet specific legal requirements.

“It can be done if it’s in accordance with the law,” he stated according to CBS News. “This case is not about that. What this case is about is really an attempt to do a reduction-in-force” through the Office of Personnel Management. He criticized OPM’s directive for firing probationary employees, calling it a “gimmick” and an “easy way to get a reduction-in-force underway.”

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