Reinstating Federal Employees After Swift Terminations Proves Challenging
In a demonstration at Yosemite National Park, California, on March 1, 2025, people protested against the layoffs of federal employees. Following court orders, many workers from the U.S. Department of Interior and other agencies are being reinstated, affecting over 24,000 individuals nationwide.
Recently, U.S. District Judge William Alsup mandated the immediate reinstatement of probationary employees by six agencies. This case, brought to a federal court in San Francisco by civic organizations, highlighted the harm caused by the government's inability to provide services.
On the same day, U.S. District Judge James Bredar ordered 18 agencies to temporarily reinstate their dismissed probationary employees. This case, presented in a Baltimore federal court by Democratic attorneys general, involved 19 states and the District of Columbia. They argued that the lack of a 60-day notice for the mass layoffs, as required by federal law, prevented them from mitigating the economic impact.
Probationary employees typically include those in their initial years of employment or those newly promoted.
The Trump administration has appealed both rulings, criticizing the decisions. White House press secretary Karoline Leavitt stated that district court judges should not obstruct the President's agenda.
In compliance with Bredar's order, the 18 agencies have reported their efforts to reinstate employees, which involved reaching out via personal emails, phone calls, and certified mail. Collectively, these agencies had terminated over 24,000 probationary employees since January 20.
Most agencies have canceled the terminations, placing reinstated employees on paid administrative leave, though it's unclear when or if they will return to work. The remaining agencies have not clarified their plans for reinstated employees while appeals are ongoing. Agency HR leaders have expressed concerns about the administrative challenges of reinstating employees, such as issuing new security badges and re-enrolling them in benefit programs.
These arguments have not garnered much sympathy from the judges. While Bredar's order allows for reinstatement through work return or leave, Alsup emphasized that paid administrative leave is not acceptable for the six agencies under his order, as it does not restore the intended services.
Alsup has instructed these agencies to report by March 18 on whether reinstated employees are on administrative leave. The government has denied trying to circumvent Alsup's order, stating that placing employees on paid leave is an initial step toward full reinstatement, though further steps were not detailed.
Alsup has also required agencies to submit a list of all fired probationary employees by March 20, along with compliance actions. Meanwhile, Bredar will evaluate broader relief in the states' case at a hearing on March 26.