Update: Second Judge Orders Agencies to Reinstate Probationary Employees

Last night, a judge in Maryland granted an emergency request submitted by 19 states and the District of Columbia for emergency relief related to the administration’s mass termination of thousands of probationary employees. The judge ordered that agency heads immediately reinstate terminated employees in 18 agencies – no later than Monday, March 17. The judge also prohibited agencies from conducting any future reductions-in-force unless they comply with legally required procedures including advance notice.  

The Maryland Order covers probationary employees at the Departments of Agriculture, Commerce, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, Transportation, Treasury, Veterans Affairs, Consumer Financial Protection Bureau, Environmental Protection Agency, Federal Deposit Insurance Corporation, General Services Administration, Small Business Administration, and United States Agency for International Development.

The Maryland order follows an order issued earlier yesterday by a judge in California. As we explained in our message yesterday about the case, the California judge ordered agencies to reinstate probationary employees in at least six—but potentially up to 25—agencies. The NTEU-represented agencies covered by the California Order are the National Park Service, Bureau of Land Management, Defense, Agriculture, Commerce, Energy, Health and Human Services, Homeland Security, Justice, Interior, Treasury, Environmental Protection Agency, and Social Security Administration.

These victories show that this administration cannot break the law in the name of policy change. NTEU will continue to fight for the dignity and respect of every federal employee as we confront these changes together.

There is significant overlap of coverage between these two cases. We have not yet seen the final order in the California case, so the complete list of covered agencies in that case has not yet been defined. We will provide more information as soon as possible.

NTEU-represented employees in at least one agency have begun to receive reinstatement notices based on the California order. We are pressing other agencies to issue reinstatement notices as quickly as possible.

The government has already appealed the California judge’s order. We fully expect that it will appeal the Maryland order too. We will keep you informed as this and other litigation progresses.