Trump administration revises directive on mass firings of federal workers
WASHINGTON ― The Trump administration informed federal departments Tuesday that any firings of their probationary workers are up to the agencies themselves in an update to its policy after a federal judge last week paused recent mass terminations.
The revised guidance from the U.S. Office of Personnel Management states that "OPM is not directing agencies to take any specific performance-based actions regarding probationary employees," adding that "agencies have ultimate decisionmaking authority over, and responsibility for, such personnel actions."
The move comes after President Donald Trump's administration has moved aggressively in recent weeks to dismiss tens of thousands of recently hired or promoted probationary workers. The terminations were ordered by the OPM ‒ the federal government's human resources agency ‒ in communications last month telling agencies to "separate probationary employees that you have not identified as mission-critical."
But Judge William Alsup of the U.S. District Court for the Northern California District last Thursday ruled the OPM lacked authority and acted out or bounds by ordering agencies – including the Education Department, the Small Business Administration and the Energy Department – to fire employees.
“OPM does not have any authority whatsoever, under any statute in the history of the universe, to hire or fire any employees, but its own," Alsup said.
Trump's mass firings of federal workers have been steered by the Department of Government Efficiency led by billionaire tech entrepreneur Elon Musk.
Alsup ordered the OPM to rescind a Jan. 20 memo that instructed federal departments to identify probationary workers for possible termination. The judge did not, however, order the rehiring of anyone who had been terminated. And the newly issued OPM guidance on Tuesday does not tell federal departments to rescind terminations already made.
The judge's decision came in a case brought by labor unions representing federal workers that sued to block the terminations.
Everett Kelley, national president of the American Federation of Government Employees, one of the plaintiffs in the case, on Tuesday called for recently fired probationary workers to be reinstated following OPM's updated guidance.
“OPM’s revision of its Jan. 20 memo is a clear admission that it unlawfully directed federal agencies to carry out mass terminations of probationary employees – which aligns with Judge Alsup’s recent decision in our lawsuit challenging these illegal firings," Kelley said. "Every agency should immediately rescind these unlawful terminations and reinstate everyone who was illegally fired.”
Before the judge's ruling, the Trump administration last week ordered heads of federal departments and agencies to prepare to initiate "large-scale reductions in force" by March 13 as the administration moves to a new phase of cutting the federal workforce.
These staff reductions are expected to target federal employees with full civil service protection, not just probationary workers, according to a Feb. 26 memo issued by the OPM and White House Office of Management and Budget. This guidance, unlike the guidance for probationary workers, has not been revised.
Reach Joey Garrison on X @joeygarrison.