Washington State

Office of the Attorney General

Attorney General

Nick Brown

FOR IMMEDIATE RELEASE:

Judge rules workers were illegally fired by the Trump administration

SAN FRANCISCO – Today, the U.S. District Court for the Northern District of California, presided over by Judge William H. Alsup, granted a Preliminary Injunction in a lawsuit joined by Washington against the Office of Personnel Management (OPM) and its Acting Director, Charles Ezell, finding the termination of probationary federal employees illegal because OPM had no authority to order it. 

The judge ordered immediate reinstatement of terminated probationary employees of the Veterans Affairs, Agriculture, Interior, Energy, Defense, and Treasury departments, including those in Washington, and these agencies must also cease termination of probationary employees, effective immediately. The judge also forbade OPM from giving any guidance to federal agencies on which employees should be terminated.

The agencies also must provide a compliance report to the court. The judge also authorized depositions and ordered further briefing on whether the administrative channel for fired workers is actually available, or if it has been destroyed by firings of Appeals Board and Office of Special Counsel personnel.

“Today’s order is a win for the employees that will be reinstated and the rule of law, but this case is not over,” Attorney General Nick Brown said. “We’re still assessing the damage caused by a lawless president, who continues finding new ways to violate the Constitution with his daily efforts to hinder critical government functions that serve Washingtonians.”

After the hearing, plaintiffs filed a compilation of examples of the harm from the termination of probationary employees at additional federal agencies, including those not currently covered by the court’s order. The court has the option to consider whether additional agencies should be included in the preliminary injunction.

Read more here about the impacts of President Trump’s illegal firings on Washington.

The other plaintiffs in this case consist of the American Federation of Government Employees (AFGE); American Federation of State, County and Municipal Employees (AFSCME); the Main Street Alliance; the Coalition to Protect America’s National Parks; the Common Defense Civic Engagement; the Western Watersheds Project; AFGE Local 1216; AFGE Local 2110; VoteVets; CommonDefense.us; and United Nurses Associations of California/Union of Health Care Professionals (UNAC/UHCP), American Public Health Association; American Geophysical Union; the Association of Flight Attendants-CWA, AFL-CIO; Climate Resilient Communities; and Point Blue Conservation Science. The plaintiffs are represented by the law firm of Altshuler Berzon LLP and the State Democracy Defenders Fund (SDDF)

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Washington’s Attorney General serves the people and the State of Washington. As the state’s largest law firm, the Attorney General’s Office provides legal representation to every state agency, board, and commission in Washington. Additionally, the Office serves the people directly by enforcing consumer protection, civil rights, and environmental protection laws. The Office also prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator cases in 38 of Washington’s 39 counties. Visit www.atg.wa.gov to learn more.

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