Judge Alsup Blocks OPM's Unauthorized Termination of Federal Employees

The Facts -

Federal Court Blocks Mass Termination of Probationary Federal Employees

Judge Alsup emphasizes the critical role of probationary federal employees in government

SAN FRANCISCO – In a significant legal development, Judge William H. Alsup of the U.S. District Court for the Northern District of California has issued a temporary restraining order against the Office of Personnel Management (OPM) and its Acting Director, Charles Ezell. The order comes as the court determined that the OPM's move to terminate probationary federal employees was unauthorized. Judge Alsup stated, "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 at another agency," reinforcing the importance of lawful employment practices.

The court's decision mandates that the OPM promptly inform federal agencies, including the Department of Defense, about the ruling. The Department of Defense was on the verge of terminating a substantial number of probationary employees. Judge Alsup has also instructed the federal government to reveal the participants of a February 13 call, which allegedly directed agencies to proceed with these terminations. A detailed written order from the bench will follow soon.

Reactions from Key Stakeholders

The ruling has been met with positive responses from various organizations and individuals who have been challenging the legality of the terminations. Everett Kelley, National President of the American Federation of Government Employees, hailed the decision as a "victory for patriotic Americans" wrongfully terminated. He criticized the administration’s perceived disdain for federal employees, emphasizing the importance of their work.

AFSCME President Lee Saunders highlighted the decision as a temporary relief for federal employees, while underscoring ongoing efforts to protect these workers from baseless terminations. "We know this decision is just a first step, but it gives federal employees a respite," Saunders noted.

According to Richard Trent, Executive Director for the Main Street Alliance, the ruling mitigates uncertainty for small business owners who rely heavily on federal employees. "This decision by Judge Alsup is a major win for Main Street," Trent stated.

In addition, Phil Francis, Chair of the Executive Council of the Coalition to Protect America's National Parks, expressed relief for National Park Service employees, who were among those targeted for termination. He emphasized the essential role these employees play in safeguarding national parks.

The decision also brings hope for veterans, as VoteVets Action Fund Chairman Major General (Ret.) Paul Eaton pointed out that the layoffs had adversely affected veterans relying on federal jobs. "This ruling is a win for veterans," Eaton remarked.

Erik Molvar, Executive Director of Western Watersheds Project, emphasized that the application of the rule of law extends to all, including federal agencies managing public lands and wildlife. Molvar commended the court's stance against illegal firings.

Jose Vasquez, Executive Director of Common Defense, described the decision as a triumph for public servants, veterans, and all Americans who depend on government services. He characterized the move as a deterrent against politically motivated layoffs.

Danielle Leonard of Altshuler Berzon, representing the plaintiffs, stressed that the OPM's lack of authority makes the ruling a vital step toward accountability for unlawful acts.

Finally, Norm Eisen, executive chair of State Democracy Defenders Fund, praised the unions and organizations involved for their relentless efforts in defending federal workers' rights. He pledged continued vigilance against any attempts to undermine these rights.

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