In a significant decision made last Friday, a federal judge in San Francisco directed the Trump administration to provide probationary federal workers, who were collectively dismissed, with formal documents clarifying that their terminations were not due to performance issues but were a result of widespread government cutbacks.
The ruling by Judge William Alsup comes amidst a legal battle involving labor unions and nonprofit organizations challenging the mass layoffs of probationary workers that took place this past February during President Donald Trump’s tenure.
Earlier in March, Judge Alsup had mandated that six different federal agencies reinstate the affected workers, stating that the abrupt dismissals were orchestrated by the Office of Personnel Management (OPM), which did not possess the legal authority to terminate employees from other agencies besides its own.
Despite last week’s decision by the U.S. Supreme Court to halt Alsup’s order that these employees be reinstated, the court did not provide a conclusive decision regarding the legality of the firings themselves. Judge Alsup voiced strong criticism about the dismissals being falsely attributed to inadequate performance, highlighting that such misstatements would unfairly taint the professional records and subsequent opportunities of these individuals throughout their careers.
The administration, under President Trump’s direction, has redefined “performance” to include assessments of job indispensability as part of a broader strategy to substantially reduce the federal workforce. However, Judge Alsup was skeptical of the claim that federal agencies conducted individual performance assessments in such a short span of time.
In his latest directive, Judge Alsup ordered that the affected workers must receive the written statements by May 8. He also instructed that, in cases where terminations were indeed based on individual performance evaluations, the respective agencies must submit documents under oath, by the same deadline, detailing the reasons for those terminations.
This case mirrors a similar legal issue in Maryland, where a federal judge ruled that the administration failed to adhere to the legal requirements for executing large-scale layoffs, which include providing a 60-day notice. However, the 4th U.S. Circuit Court of Appeals recently overturned a previous injunction issued by a Maryland judge that called for the workers to be reinstated.