Judge orders some federal agencies to reinstate thousands of probationary workers

A federal judge in California on Thursday ordered that the departments of Veterans Affairs, Defense, Energy, Interior, and Treasury reinstate probationary employees who were terminated last month.

The departments must “offer reinstatement to any and all probationary employees terminated on or about February 13,” U.S. District Judge William Alsup wrote in the order, referring to the date when the Office of Personnel Management held a call with department and agency heads and directed them to fire probationary employees.

Alsup said the OPM’s directive to fire all probationary employees, as it did in a written memo as well as the February phone call, was not legal.

“It is sad, a sad day when our government would fire some good employee, and say it was based on performance, when they know good and well, that’s a lie,” Alsup said.  

The judge added that there is nothing wrong with reductions in force “if it’s done correctly under the law.”