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In a significant rebuke to the Trump administration, a federal judge ruled Thursday that the Office of Personnel Management (OPM) had no legal authority to order agencies to fire probationary employees, declaring its directives “illegal” and ordering them to be rescinded.
Judge William Alsup of the Northern District of California delivered the ruling from the bench, instructing OPM to inform the Department of Defense by Friday that the terminations were invalid. However, the decision does not reinstate affected employees.
“The Office of Personnel Management does not have any authority whatsoever under any statute in the history of the universe to hire and fire employees within another agency,” Alsup stated. “It can hire its own employees, yes. Can fire them. But it cannot order or direct some other agency to do so.”
Ruling Challenges Mass Firings Under Trump Administration
At the center of the case was a pair of internal OPM communications—a January 20 memo and a February 14 email—urging federal agencies to “promptly determine whether these employees should be retained.” Hundreds of thousands of workers were potentially affected, according to OPM data, though the exact number of terminations remains unclear.
The government contended that OPM had only “requested” agencies review their probationary employees rather than ordered their dismissal. However, Alsup rejected this argument, questioning whether agencies would have acted uniformly without direct instruction.
“Something aberrational happens, not just in one agency, but all across the government, in many agencies on the same day, the same thing. Doesn’t that sound like to you that somebody ordered it to happen, as opposed to, ‘Oh, we just got guidance?’” Alsup asked Assistant U.S. Attorney Kelsey Helland.
Unions Hail Victory, Call for Further Action
The lawsuit was brought by federal employee unions, who argued that the OPM directive violated due process protections.
“The government’s position, for the first time in history of the United States, is that these employees can be fired at will,” said Danielle Leonard, an attorney representing the plaintiffs. “That is not the law, Your Honor.”
Everett Kelley, national president of the American Federation of Government Employees, praised the ruling as a victory against unlawful terminations.
“OPM’s direction to agencies to engage in the indiscriminate firing of federal probationary employees is illegal, plain and simple,” Kelley said. “Our union will keep fighting until we put a stop to these demoralizing and damaging attacks on our civil service once and for all.”
Lee Saunders, president of the American Federation of State, County & Municipal Employees, echoed similar sentiments, stating:
“We know this decision is just a first step, but it gives federal employees a respite. We will continue to move this case forward with our partners until federal workers are protected against these baseless terminations.”
Next Steps: OPM Testimony and Possible Appeals
The judge has ordered a future hearing, where acting OPM Director Charles Ezell will testify. The date for that hearing remains unclear. Meanwhile, legal experts anticipate that the government may challenge the ruling in a higher court.
With the Biden administration yet to issue an official response, the case raises broader concerns about federal employment protections and executive power over civil service staffing. As federal agencies navigate the ruling’s implications, the fate of the terminated employees—and the broader workforce—remains in legal limbo.
