Demonstrators outside the U.S. Senate buildings on Capitol Hill protest billionaire Elon Musk's dismantling of the U.S. Agency for International Development on Feb. 5, 2025. (Photo by Ashley Murray/States Newsroom)

WASHINGTON — A federal judge in California ordered the Trump administration to immediately reinstate thousands of jobs for probationary federal workers fired as part of billionaire Elon Musk’s campaign to slash the federal workforce.

Judge William Alsup ruled Thursday morning that tens of thousands of workers must be rehired across numerous federal agencies, including the departments of Agriculture, Defense, Energy, Interior, Treasury and Veterans Affairs, extending his previous temporary emergency order issued Feb. 28.

Alsup, appointed in 1999 by former President Bill Clinton to the Northern District of California, ruled in favor of numerous plaintiffs that brought the suit against the Trump administration’s Office of Personnel Management.

Alsup’s order also prohibits OPM from advising any federal agency on which employees to fire. Additionally, Alsup is requiring the agencies to provide documentation of compliance to the court, according to the plaintiffs who were present in the courtroom.

The Trump administration appealed the decision just hours later.

Unions bring suit

The plaintiffs, which include the American Federation of Government Employees, AFL-CIO and other unions representing thousands of federal workers, sued in February over OPM’s “illegal program” terminating employees who are within the first year of their positions or recently promoted to new ones.

Everett Kelley, AFGE’s national president, said in statement Thursday that the union is “pleased with Judge Alsup’s order to immediately reinstate tens of thousands of probationary federal employees who were illegally fired from their jobs by an administration hellbent on crippling federal agencies and their work on behalf of the American public.”

“We are grateful for these employees and the critical work they do, and AFGE will keep fighting until all federal employees who were unjustly and illegally fired are given their jobs back,” Everett said.

The AFGE was among more than a dozen organizations who sued the government. The plaintiffs were represented by the legal advocacy group State Democracy Defenders Fund and the San Francisco-based law firm Altshuler Berzon LLP. Washington state also joined the case and was represented by state Attorney General Nick Brown.

Trump administration ‘will immediately fight’

The White House said prior to filing the appeal that “a single judge is attempting to unconstitutionally seize the power of hiring and firing from the Executive Branch.”

“The President has the authority to exercise the power of the entire executive branch – singular district court judges cannot abuse the power of the entire judiciary to thwart the President’s agenda. If a federal district court judge would like executive powers, they can try and run for President themselves. The Trump Administration will immediately fight back against this absurd and unconstitutional order,” White House press secretary Karoline Leavitt said in a statement.

The unions argued in a Feb. 19 complaint that Congress “controls and authorizes” federal employment and spending, and that lawmakers have empowered federal agencies, not OPM, to manage their own employees.

OPM, which administers employee benefits and essentially serves as the government’s human resources arm, “lacks the constitutional, statutory, or regulatory authority to order federal agencies to terminate employees in this fashion that Congress has authorized those agencies to hire and manage,” according to the complaint.

“[A]nd OPM certainly has no authority to require agencies to perpetrate a massive fraud on the federal workforce by lying about federal workers’ ‘performance,’ to detriment of those workers, their families, and all those in the public and private sectors who rely upon those workers for important services,” the complaint continues.

Musk role

Musk, a Trump special adviser, has publicly and repeatedly touted the terminations as a means to cut federal spending.

Mass firings began in early to mid-February and continued as recently as Tuesday when the Department of Education announced it would cut about 50% of its workforce.

The terminations sparked numerous lawsuits and public outcry.

Musk, who the White House claims has no decision-making authority, has posted on his social media platform X about emails sent to federal workers offering buyouts and demanding they justify their jobs.

Musk has also published dozens of posts attacking federal judges who’ve ruled against his workforce downsizing as “evil” and “corrupt.”

U.S. Rep. Mark Pocan (D-Black Earth) addresses union members at a weekend rally in support of federal workers whose jobs are on the line under the administration of President Donald Trump. (Photo by Erik Gunn/Wisconsin Examiner)

Moves by the Trump administration to cut the federal workforce have caused chaos and fear inside agencies ranging from the U.S. Forest Service to the Social Security Administration, advocates for federal employees say.

Some two dozen Forest Service employees in Wisconsin returned to work Monday, five weeks after receiving termination notices and being walked out, as a result of a court order March 13 holding the termination notices issued on Valentine’s Day were illegal.

Wisconsin is home to some 18,000 federal workers, U.S. Rep. Mark Pocan (D-Black Earth) said at a rally in Madison Saturday — workers whose jobs are on the line under orders from Washington, D.C.

“I am getting record numbers of calls in our office, literally thousands of calls every single week,” Pocan said. “People are pissed. They’re upset about cuts to the Veterans Administration. They’re upset about what’s happening with the Social Security Administration. They’re upset about Medicare and Medicaid potential cuts. They’re upset about cuts to agriculture and education.”

At the Social Security Administration, the acting Social Security commissioner has announced plans to close regional offices and cut 7,000 jobs “through buyouts, layoffs, resignations and terminations,” said Jessica LaPointe, president of American Federation of Government Employees (AFGE) Council 220, who joined the Saturday rally at the headquarters of the South Central Federation of Labor. The council represents Social Security field office employees.

Social Security operations have been “historically understaffed,” LaPointe said, and the planned reductions “will lead to longer service delays, systems failures, and even inevitably benefit disruptions.”

In an interview with the Wisconsin Examiner during a Wisconsin visit in October, Martin O’Malley, Social Security commissioner at the time, said staff at the agency’s Madison field office has dropped by 40% since 2019. O’Malley said he told members of Congress they should increase staffing at the agency to restore “at least an adequate level of customer service.”

The cuts the agency has announced are “exacerbating the chaos, confusion and anxiety felt by workers under siege,” LaPointe said Saturday. She added that the Trump administration and Elon Musk’s project to slash operations across the federal government “are destroying the public’s ability to access timely and effective service from the Social Security Administration, with the intent — let’s be real about their intent — of turning the American people against Social Security.”

William Townsend, president of the AFGE local at the Department of Veterans Affairs VA hospital in Madison, said the department’s plan to cut 80,000 or more positions nationwide would be detrimental to the health care of veterans counting on the agency.

AFGE also represents employees at the Transportation Security Administration. The union and the Biden administration signed a new contract in 2024, but Trump administration TSA leaders told the union last month they were canceling the contract and would no longer recognize the union.

Nevertheless, said TSA worker and AFGE Local 777 president Darrell English, the union will continue to stand up for its members’ rights while conducting a legal battle to restore their union contract. “We know it’s going to be a long fight, but we’re here,” English said at Saturday’s rally.

At the U.S. Forest Service, 24 Wisconsin employees were fired on Feb. 14 — part of a wave of thousands of “probationary” employees let go, said Carl Houtman, a union official.

Houtman works at the Forest Service Products Laboratory in Madison and is president of the National Federation of Federal Employees union local there. He is also the national negotiation chair for the union’s Forest Service Council. In an interview Monday, he stipulated he was speaking strictly as a union leader, not as a Forest Service representative.

About 170 of the Forest Service’s 672 Wisconsin employees work at the laboratory, researching the use of wood as a building material and wood chemistry for papermaking and in a variety of new applications. Most of the other Forest Service employees in the state are associated with the Chequamegon-Nicolet National Forest in northern Wisconsin.

After a series of legal challenges, a federal judge in California ordered the Trump administration to reinstate the fired probationary workers, ruling that Trump administration officials hadn’t followed required procedures.  

The fired workers returned Monday, said Houtman, including a colleague who was among those who had been dismissed.

“It’s crazy the inefficiency that has caused,” he said Monday. “They walked her out the door, took her computer and her door card, and they basically had to hire her back. In this intervening month she could have been reasonably doing her job, but the agency was forced” by the federal Office of Personnel Management, now under the Trump administration’s control, “to fire these people.”

The federal judge’s ruling requires the administration to follow the legal procedures for reducing the federal workforce. Houtman said federal workers and their unions involved in the February firing expect to learn more about the administration’s intentions in the next month.

“We anticipate about the middle of April getting an idea about what’s going on,” he said. “It’s possible that a large number of people in Wisconsin will get wiped out — we just don’t know.”

Houtman said there are concerns among employees that “this administration wants to wipe out the science arm of the Forest Service” and possibly sell most or all federally owned forest land, harming the nation’s natural resources.

Established in 1910, the forest products lab remains a vital source of research, he said. Its findings help shape codes and standards for building as well as for product manufacturing — such as a project currently underway to develop a consistent test for how recyclable consumer packaging is.

The lab also plays a role in training new scientists, he added.

“Most of the probationary employees were new hires, starting to learn wood science from us,” Houtman said. “You basically have wiped out the next generation of scientists. It’s going to do irreparable harm.”