Labor Department rehires removed probationary workers

The Labor Department is reinstating fired probationary employees, according to the American Federation of Government Employees. 

Affected workers should report back to duty on Monday, according to a union spokesperson, who also said DOL’s decision affects roughly 120 individuals, most of whom had been placed on administrative leave. 

The news was first reported by Bloomberg Law. 

The Trump administration in February initiated a mass firing of such employees, who are generally those who have been hired, promoted or transferred within the past year or two. Since then, however, the Merit Systems Protection Board has ordered the temporary reinstatement of nearly 6,000 probationary workers at the Agriculture Department and a federal judge ordered the Office of Personnel Management to rescind the directives that led to the purges. 

“[DOL’s decision] was in direct response to OPM acknowledging that they had no authority to fire these probationary workers and that it was up to each agency to make these decisions,” according to the AFGE spokesperson, referring to the agency's recent retroactively edited guidance. 

Plaintiffs have generally argued that, while probationary employees mostly lack civil service job protections, they are only supposed to be fired for poor performance or conduct. But their termination notices by and large did not specify performance or conduct issues. 

Democracy Forward, an organization that has led many legal challenges against the Trump administration and that urged agencies to reinstate their probationary employees following the USDA decision, celebrated DOL’s decision.

“This was never about merit, but about power. Democracy Forward has relentlessly pushed the administration to reverse this unlawful policy, and we will continue to fight for a civil service that serves the American people,” said Skye Perryman, president and CEO of Democracy Forward, in a statement. “Yesterday, Democracy Forward called on agencies to reinstate all of the terminated probationary employees; and today the Labor Department has done that. Every other agency should follow their lead and put these workers back on the job immediately.”

DOL did not immediately respond to a request for comment. 

The Senate is scheduled on Monday to vote on the confirmation of former Rep. Lori Chavez-DeRemer, R-Ore., Trump’s nominee for Labor secretary.