A federal judge has barred USDA and five other departments from undertaking further mass terminations of probationary employees after finding this spring's firings resulted from unlawful directives issued by the Office of Personnel Management. 

Judge William Alsup of California's Northern District sided with federal employee unions, the state of Washington, and several other organizations that challenged terminations of probationary workers. The judge concluded OPM both exceeded its authority and violated the Administrative Procedures Act in directing the firings. 

"In sum, OPM’s directive unlawfully exceeded its own powers and usurped and exercised powers reserved by Congress to each individual relief defendant agency," Alsup wrote in his ruling. 

Cut through the clutter! We deliver the news you need to stay informed about farm, food and rural issues. Sign up for a FREE month of Agri-Pulse here. 

He enjoined OPM from directing any agency to fire federal employees, except as allowed under law. He also barred agencies from following OPM directives when firing employees and using template termination letters based on language drafted by OPM. 

Alsup also ordered the departments to correct each terminated probationary employee's personnel files to reflect that their termination was not performance or conduct based. He is also requiring the departments to issue the former employees notices stating that they were not terminated on the basis of personal performance.

However, Alsup did not go so far as to require the reinstatement of terminated probationary employees, noting that "too much water has now passed under the bridge" since the Supreme Court stayed his March 13 preliminary ruling, which had temporarily required them to be brought back.

"The terminated probationary employees have moved on with their lives and found new jobs," Alsup said when explaining his rationale for not requiring reinstatements. "Many would no longer be willing or able to return to their posts. The agencies in question have also transformed in the intervening months by new executive priorities and sweeping reorganization. Many probationers would have no post to return to," the judge wrote. 

Along with USDA, the ruling also applies to the Interior, Energy, Defense, and Treasury and Veterans Affairs departments. 

For more news, go to Agri-Pulse.com.