District courts both order reinstatement of terminated federal employees

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On March 13, the U.S. District Court for the District of Maryland issued a temporary restraining order (TRO) after President Trump’s Executive Order 14210 led to widespread terminations of federal probationary employees. The court found the agencies failed to provide the required 60-day notice to states before implementing reductions in force, leading to an influx of unemployment assistance requests for states. The court’s TRO, which is effective for 14 days, mandated the reinstatement of probationary employees to their government positions.

The next day, the U.S. District Court for the Northern District of California denied the request from the U.S. Office of Personnel Management, et al., to stay a preliminary injunction that ordered the reinstatement of probationary employees at various federal agencies. The court held that OPM cannot direct other agencies to terminate employees by disguising directives as guidance. The order emphasized while OPM may perform its statutorily authorized functions, including issuing guidance, it cannot exceed these boundaries by directing mass terminations at other agencies.

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