In an email sent across agencies on February 14, OPM instructed agency heads to “separate probationary employees you have not identified as mission-critical.”
“The Office of Personnel Management does not have any authority whatsoever under any statute in the history of the universe, to hire and fire employees within another agency,” Alsup said. “It can hire its own employees, yes. Can fire them. But it cannot order or direct some other agency to do so.”
Alsup stopped short of ordering the reinstatement of ousted probationary employees; rather, he ordered the OPM to reverse its order requiring mass terminations and inform federal agencies that it had no authority to require them to shrink their workforce.
Alsup defended the scores of probationary employees threatened by the OPM’s order as “the lifeblood of our government.”
Previous rounds of government-wide layoffs recommended by Elon Musk’s Department of Government Efficiency have specifically targeted probationary employees, who have been employed for less than a year and therefore lack the job protections of their colleagues.
For that very reason, the Merit Systems Protection Board, an independent federal board, granted a request from the OSC Tuesday to pause the termination of six employees, which could potentially be extended to save more wrongfully terminated federal workers.
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