A judge ruled that the Office of Personnel Management (OPM) must withdraw memos instructing federal agencies to conduct mass layoffs of probationary employees. This ruling comes in light of a lawsuit against the Trump administration’s push for reducing the federal workforce.
US District Judge William Alsup, based in San Francisco, stated that the OPM exceeded its legal authority. He emphasized that, except for its own staff, “OPM does not have any authority whatsoever, under any statute in the history of the universe,” to direct other federal agencies to terminate employees. The judge mandated that OPM inform other agencies that it lacks the power to issue such directives, declaring that “all efforts by OPM to enforce it are invalid, pending further order of the court.”
A spokesperson for OPM declined to comment when approached by Business Insider. Judge Alsup’s order responds to a lawsuit filed just last week by a coalition of five labor unions and five nonprofit organizations, challenging the Trump administration’s attempts to downsize the federal workforce. This lawsuit is among several actions opposing the Trump administration’s narrative that the federal workforce is excessive and inefficient.
The plaintiffs argued that OPM lacks the legal authority to terminate probationary employees, typically those who have been in their roles for less than a year, and contended that the terminations were based on inaccurate claims of poor performance. Conversely, government attorneys maintained that OPM merely advised agencies to evaluate the performance of probationary employees and did not mandate any firings, asserting that these workers do not have guaranteed employment and that federal agencies should retain only the highest-performing and essential staff.
Judge Alsup may call Charles Ezell, Acting Director of OPM, to provide testimony under oath in March about his communications to agencies regarding employee terminations. Employees affiliated with the DOGE office could also be subpoenaed to appear in court.
“I can’t dictate what I’m about to say, as I don’t have the involved parties before me to provide relief. However, I trust the government will act responsibly and inform the relevant agencies of my ruling,” Judge Alsup noted before concluding the session. “I would be distressed if probationary employees were to lose their jobs and if the government were to face a compromise.”
Everett Kelley, National President of the American Federation of Government Employees, remarked, “This ruling by Judge Alsup is a significant initial victory for patriotic Americans throughout the country who were unlawfully dismissed by an agency that held no authority to do so. These individuals are dedicated workers who joined the federal government to positively impact their communities, only to be abruptly let go due to this administration’s negative view of federal employees and its aim to privatize their roles.”
