
Judge Rules Office of Personnel Management’s Firing Instructions Illegal
TL/DR –
A California judge has ordered the Office of Personnel Management (OPM) to retract instructions advising federal agencies to evaluate employee retention. The instructions were labelled “illegal” and Judge William Alsup deemed OPM does not have the authority to hire and fire employees within other agencies. The ruling does not reinstate dismissed employees and does not impact on the validity of expected probationary terminations.
Federal Judge Orders Office of Personnel Management to Rescind Termination Memo
A recent ruling by a federal judge orders the Office of Personnel Management (OPM) to rescind a previous instruction regarding federal employees. The judge declared the instructions, outlined in a January 20 memo and a February 14 email, as illegal.
The ruling does not restore dismissed employees. However, it invalidates future probationary terminations prompted by the memo, as communicated by Judge William Alsup.
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The judge has also made it clear that the OPM lacks the authority to enforce other agencies’ employment decisions, terming probationary employees as “the lifeblood of our government.”
Probationary employees are recent hires or long-time employees who have transitioned into new roles. Recent actions against them have led to debates over whether they can be terminated at will, a position disputed by the plaintiffs’ attorney, Danielle Leonard.
There is significant disagreement if the OPM’s instructions to fire probationary employees were an “order” or a “request.” The plaintiffs’ counsel argues that the firing directive was unusual and indicates a lack of transparency in government operations.
Hundreds of thousands of federal employees might have been affected by the Trump administration’s directives, according to data from the OPM. Exact termination numbers, however, remain unclear.
Everett Kelley, the national president of the American Federation of Government Employees, welcomed the ruling as an important initial victory, pledging to continue resisting unlawful dismissals.
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