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Court Orders Federal Agencies to Reinstate Fired Probationary Employees

Granting a preliminary injunction and expanding the relief he ordered on February 27, Judge William H. Alsup reaffirmed his prior order that the Office of Personnel Management (OPM) has acted unlawfully in ordering federal agencies to terminate probationary workers since February.  The Court has ordered that several federal agencies – the Departments of Veterans Affairs, Defense, Treasury, Interior, Agriculture, and Energy – must immediately offer reinstatement to probationary employees who were unlawfully fired in February at OPM’s direction. Judge Alsup also ordered the agencies to advise those employees that their termination was unlawful, cease any terminations of probationary employees at OPM’s direction, and cease using template notices prepared by OPM that purport to terminate employees based on their performance.  Judge Alsup ordered the government to provide a compliance report to the Court within seven days.  The Court promised a full written decision soon.  The Plaintiffs’ press release is available here.