Federal Judge Considers Reinstating Thousands of Fired Federal Employees Over Unlawful Layoff Claims

On Wednesday, U.S. District Judge James Bredar of Maryland indicated that he could potentially order thousands of recently terminated federal workers to be reinstated temporarily. His comments came amid arguments suggesting the government's recent dismissal of probationary employees might have violated the law.

Addressing lawyers involved in the case, Judge Bredar emphasized the issue was not about whether the federal government has the authority to terminate employee positions, but rather about whether proper legal procedures were followed in carrying out those terminations. He cited the well-known Silicon Valley quote, "Move fast and break things," warning that while speed in decisions could be justified, intentionally or unintentionally breaking the law could have serious consequences.

A group of Democratic attorneys general from various states asked Bredar to issue a temporary restraining order to revert to the status before the mass layoffs. They argued that the government's actions failed to adhere to standard legal requirements established for a reduction in force (RIF), which typically mandates employees and relevant state agencies be given at least 60 days' advance written notice. The states maintain the dismissals constitute a RIF, requiring advance notice and additional support for the workers affected. Virginia Williamson, representing the states, highlighted the urgency, stating the sudden unemployment has left states scrambling to provide aid to impacted employees.

Eric Hamilton, representing the government, countered that the firings were simply terminations of probationary workers and did not fall under the category of a RIF. However, when pressed on the specifics—such as how many employees had been affected—Hamilton admitted uncertainty about the precise numbers, only acknowledging the likely figure exceeded 100 or possibly 1,000. Estimates from plaintiffs indicated around 24,000 affected and anticipated more layoffs would continue shortly.

Judge Bredar voiced skepticism about the government's characterization of the layoffs, suggesting the action closely resembled a RIF. He promised a swift written determination. This ongoing uncertainty follows another recent federal decision in California, where a judge ruled instructions from the Office of Personnel Management regarding similar employee firings unlawful, though that ruling stopped short of reinstating workers directly.

Meanwhile, the Merit Systems Protection Board—tasked with hearing employee grievances—found evidence that at least 5,000 layoffs at the Department of Agriculture could have violated legal standards. They ordered a temporary 45-day reinstatement of those workers.

The controversy surrounding these layoffs occurs concurrently with announcements from agencies that further large-scale reductions in the federal workforce could be imminent. Most notably, the Education Department recently disclosed its plan to reduce staffing levels by nearly half.