Federal Judge Rules OPM Unlawfully Ordered Mass Firings of Probationary Workers

The Office of Personnel Management has argued that it did not dictate other agencies’ employment decisions.

Protesters at a rally held by the American Federation of Government Employees of District 14 at the Office of Personnel Management in Washington, on March 4, 2025. Alex Wroblewski/AFP via Getty Images

A federal judge ruled on Sept. 12 that the Office of Personnel Management (OPM) had overstepped its authority when it directed federal agencies to terminate probationary workers en masse due to job performance issues.

The ruling follows a lawsuit filed by some federal worker unions and nonprofits against the OPM in February, which sought to challenge the firing of thousands of probationary workers across six federal agencies.

U.S. District Judge William Alsup determined that the OPM had acted illegally when it directed agencies to fire probationary workers “under false pretense” that the terminations were based on job performance.

“That directive was unlawful. The means used to enforce terminations were also unlawful,” Alsup stated in a 38-page ruling.

The OPM has argued that it did not dictate other agencies’ employment decisions, and that its directive served as “mere guidance,” according to the court’s ruling.

Probationary workers are typically new hires or employees who were recently promoted and who must serve a trial period of one to two years before they receive full-term, or permanent, employment.

More than 25,000 probationary workers were terminated after the OPM issued the directive in February, the judge noted.

Alsup stated that under ordinary course, his ruling would nullify the OPM’s directive and reinstate the terminated workers to their posts. The Supreme Court, however, had ruled that doing so would “overrule judicially granted relief respecting hirings and firings within the executive,” he stated.

The judge also noted that terminated probationary employees “have moved on with their lives and found new jobs,” given the time that has passed since the terminations occurred.

“Many would no longer be willing or able to return to their posts. The agencies in question have also transformed in the intervening months by new executive priorities and sweeping reorganization. Many probationers would have no post to return to,” Alsup stated.

Alsup ordered the agencies to update the personnel files of terminated probationary workers to state that they were not terminated due to job performance or misconduct, and to issue corrective notices informing them of the clarification.

The American Federation of Government Employees (AFGE), one of the plaintiffs in the lawsuit, issued a statement on Sept. 15 praising the ruling as a “significant victory” for federal employees.

“Judge Alsup’s decision makes clear that thousands of probationary workers were wrongfully fired, exposes the sham record the government relied upon, and requires the government to tell the wrongly terminated employees that OPM’s reasoning for firing them was false,” AFGE National President Everett Kelley said in the statement.

The Epoch Times reached out to the OPM for comment, but did not receive a response by publication time.

Previously, in March, Alsup issued provisional relief requiring the reinstatement of terminated probationary workers at six agencies, as he ruled that the OPM lacked authority to order the firings. The Supreme Court later stayed his order.

The order applied to the departments of veterans affairs, agriculture, energy, interior, defense, and treasury, according to AFGE’s statement.

Jack Phillips contributed to this report.