Judge Extends Temporary Stop to Probationary Employee Firings

On Feb. 27, we alerted you to a positive development in a case filed in California that, like our Mass Firing case, challenges the administration’s arbitrarily firing of probationary and trial employees. The judge in California had issued a temporary restraining order demanding that the named agency heads stop firing employees at NPS, BLM, VA, DOD, SBA, and FWS. He also ordered the reinstatement of probationary employees in those agencies.

Today, after additional hearings, the judge extended the order providing relief to employees at the named agencies. He appears to have extended the order to reinstate employees to the additional agencies named in the parties’ amended complaint, filed March 11. The amended lawsuit covers employees at USDA, Commerce, Defense, Education, Energy, HHS, DHS, HUD, DOJ, DOI, DOL, State, Treasury, Transportation, VA, EPA, GDA, NASA, NSF, OMB, SBA, SSA.

This is a tremendous victory for the thousands of probationary and trial employees who have been illegally removed from their positions. Many of these agencies cover NTEU-represented employees who may benefit from the judge’s order. We will provide more information as soon as possible.

The judge had harsh words for the government, calling it a “sad day” when employees are fired using “sham terminations.” He rejected the government’s argument that agencies acted independently in removing employees. 

We have not yet seen a written order, but the judge made clear that the government should not wait to implement his order, which is effective immediately.

It is extremely likely that the government will appeal the judge’s order. We will keep you informed as this and other litigation progresses.