Judge orders agencies to rehire fired workers

Published 11:40 am Thursday, March 13, 2025

U.S. District Judge William Alsup ordered the USDA and five other federal agencies to rehire fired probationary employees, ruling the Office of Personnel Management overstepped its authority by directing the agencies to dismiss thousands of workers.

Alsup said March 13 the government can terminate employees, but in this case, it was done illegally. OPM and its acting director, Charles Ezell, compounded their unlawful action by telling workers they were being fired based on their performance, he said.

“It’s a sad day when our government would fire some good employees and say it was based on performance when they know good and well it’s a lie,” Alsup said. “It was a sham to avoid statutory requirements.”

Alsup’s order to reinstate workers applies to the USDA, Defense Department, Energy Department, Interior Department, Treasury Department and Veterans Affairs.

Alsup said he limited his order based on the evidence presented to him by a coalition of unions, special-interest groups and the state of Washington. The evidence showed OPM had ordered firings in those agencies, he said.

Horticulturist Francisco “Paco” Gonzalez said he hasn’t heard anything from the USDA since being fired by email Feb. 13 from his position conducting hop research in Prosser, Wash.

“This is great news. It’s amazing,” he said of Alsup’s ruling. “I just want to get back to work.”

It’s unclear how many federal workers will be reinstated by Alsup’s order. Plaintiff attorney Danielle Leonard estimated more than 10,000 workers were fired across all federal agencies.

Assistant U.S. Attorney Kesley Helland argued OPM and Ezell only offered guidance to agencies, suggesting agencies only “mission critical” probationary employees.

Helland submitted press releases from agency heads agreeing with aggressive cuts to the federal workforce. In a sworn declaration, Ezell denied ordering agencies to fire employees.

Helland argued Ezell shouldn’t be compelled to testify because of executive privilege.

Alsup scolded Helland for presenting press releases, while not making Ezell available for questioning.

“You chose to submit (Ezell’s) declaration and then said, ‘no he can’t be cross-examined,’ “ Alsup said. “You’re afraid to do so because you know cross-examination would reveal the truth.”

The Merit Systems Protection Board on March 5 ordered a 45-day stay of the firing of roughly 6,000 USDA employees.

The USDA said it will put the fired employees back on the payroll, with back pay, and will develop a plan to return some to duty. The stay on the firings expires April 18.

Alsup ordered the USDA and the five other agencies to provide a list of fired employees and their status within seven days.

Alsup said he was aware some will characterize his decision as coming from a “wild and crazy judge in San Francisco” blocking the Trump administration from reducing the federal workforce.

“It can be done. If done in accordance with the law,” said Alsup, 79, appointed to the bench by Bill Clinton.

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