NEWS ALERT: Federal Judge Pauses Firing of Probationary Workers in 19 states and DC

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From the New York TimesA federal judge in Maryland on Tuesday ordered the Trump administration to stop firing probationary employees who live or work in 19 states and the District of Columbia while a legal challenge to the mass terminations makes its way through the courts.

In his order, Judge James K. Bredar, of the Federal District Court in Maryland, narrowed the scope of an earlier, temporary pause that applied nationwide and led to the reinstatement of nearly 24,000 federal probationary employees fired in February. It was not immediately clear how many of those employees would no longer be covered by Tuesday’s order and therefore at risk of being fired again.

Last month, 19 states and the District of Columbia sued the federal government over the mass firings, arguing that the actions amounted to a reduction in force, a formal reorganization process that demands the government follow specific steps. One such step is that the government must give states a heads-up whenever it plans to fire 50 employees in a certain area. The states argued that without these notifications, they were left to face spikes in unemployment without warning.

While the states argued that a pause in firings should be nationwide, Judge Bredar said he chose to apply it only to those who live or work in the jurisdictions that sued, wary of criticisms of district judges who issue nationwide orders to curb executive branch actions.

In his order on Tuesday, Judge Bredar added the Office of Personnel Management and the Defense Department to the list of more than a dozen federal agencies he previously said likely broke the law when they fired thousands of workers without following proper procedure.


The states affected by the Bredar’s Tuesday night ruling include Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Wisconsin and the District of Columbia.

The judge’s ruling does not require the Trump administration to retain the fired probationary workers in the 31 remaining states which weren’t part of the lawsuit.

Barrons.com noted that Bredar’s ruling is a preliminary injunction, which means he could rule differently when he makes a final decision.  Barrons also explained:

The administration must reinstate all affected workers by April 8 and provide a status report on exactly how many workers were reinstated by department. Workers who remain on the payroll aren’t required to resume their prior duties, leaving the door open for them to remain on administrative leave.

New York Attorney General Letitia James celebrated, writing, “We won a court order blocking Trump from illegally firing thousands of probationary federal employees as we continue our lawsuit against his administration. Federal workers dedicate their careers to serving our nation. I’m going to keep fighting for them.”

Maryland Attorney General Anthony Brown also cheered the ruling, writing in a statement on social media, “I secured a preliminary injunction against 20 federal agencies that unlawfully terminated probationary employees. This ruling protects Maryland and the thousands of federal workers who live or work in our state, the District of Columbia, and 18 other states who faced sudden unemployment and financial hardship due to these mass terminations. The fight continues in court, but tonight’s injunction ensures job security for affected employees while the legal process unfolds.”

ABOUT THIS JUDGE: James Kelleher Bredar, 68, is a senior United States district judge of the United States District Court for the District of Maryland. He was nominated by Barack Obama in April 2010, and confirmed by the Senate by unanimous vote in December 2010.

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