Judges Order Immediate Re-hiring of Fired Probationary Employees

On Thursday, a judge in California ordered six agencies, including the Department of Energy and the Department of Interior, to immediately offer all fired probationary employees their jobs back. The judge, William Alsup, said he might extend the order to cover other federal agencies at a later time.

The same day, another judge in Maryland ordered that fired probationary employees at several other agencies also be re-hired temporarily, including those at the Department of Commerce, the Department of Health and Human Services, and the Environmental Protection Agency. The National Oceanic and Atmospheric Administration and the National Institute of Standards and Technology are part of the Commerce Department and the National Institutes of Health is part of HHS.

Two weeks earlier, Alsup’s ruling that the probationary layoffs were likely illegal prompted the National Science Foundation to re-hire 84 of the 86 probationary employees it laid off in February.

The American Geophysical Union joined the California lawsuit last week. The plaintiffs, which include a variety of unions and worker advocates, have requested that the court restore the employment of fired federal STEM professionals and prevent the Office of Personnel Management from taking further action to terminate the employment of such individuals.

“AGU and our co-plaintiffs will continue to fight for reinstatement of all of the federal employees who were illegally fired, including thousands in the scientific workforce,” AGU posted on Bluesky. “Science depends on dedicated professionals who devote themselves to robust discovery and inspired solutions. Today’s ruling recognizes their critical role to our world.”

The American Physical Society also filed an amicus brief in support of the plaintiffs in the California case. Many APS members previously or currently work at federal departments and agencies including NOAA, NIST, NSF, NIH, and NASA. APS filed its amicus on behalf of its members who have been directly affected by widespread terminations, the brief states. (APS is an AIP Member Society.)

The brief asserts that there is no evidence that terminations at federal science agencies increase government efficiency or reduce waste or fraud, citing the most recent audit of NSF from its Office of Inspector General, which identified “no material weaknesses” and “no reportable instances of noncompliance.” It adds that the terminations will harm U.S. competitiveness in science, resulting in diminished productivity and burnout for the agency’s remaining employees and a reputational hit that will jeopardize NSF’s ability to secure talent in the future.

“The professionals serving the public at federal science agencies like NSF are responsible for ensuring that taxpayer dollars support the most promising scientific research projects across the country; these civil servants deserve our respect and appreciation,” APS CEO Jonathan Bagger said in a statement to FYI.

The Department of Justice attorney representing OPM in the case argued that the firing decisions came from the agencies’ political appointees who wanted to comply with administration priorities, not from OPM’s orders. Alsup disagreed in his decision, finding that OPM directed the layoffs. Alsup also criticized OPM’s justification for the layoffs, which he said falsely cited performance issues.

OPM has already appealed the California decision. “A single judge is attempting to unconstitutionally seize the power of hiring and firing from the executive branch,” White House press secretary Karoline Leavitt said in a statement posted on X. “The Trump Administration will immediately fight back against this absurd and unconstitutional order.”

Science societies mobilize to oppose layoffs

Beyond legal action, scientific societies are encouraging their members to engage with elected officials on workforce and budget issues.

APS announced the launch of an advocacy campaign in February. The organization has asked members to anonymously share their experiences with the positive impact of agency-funded research and programs and if they have been affected by recent executive actions. APS similarly collected stories from members in 2020, using them to issue a report on the importance of the Optional Practical Training and J-1 visa programs, which the first Trump administration had plans to restrict.

Additionally, APS will launch a Contact Congress campaign once the president’s budget request for fiscal year 2026 is submitted, which is expected in April. The society is also organizing volunteer advocates to engage with policymakers in key states.

The American Astronomical Society has asked its members to submit requests to Congress, specifically appropriations requests recommending funding levels for the primary agencies that support space decadal surveys: $9.9 billion for NSF, $9 billion for NASA’s Science Mission Directorate, and $9.5 billion for DOE’s Office of Science. (AAS is an AIP Member Society.)

“We are hearing rumors of deep cuts to science in the forthcoming president’s budget request for FY2026, and we will have more to say and do when that request arrives in a couple months,” AAS added in its announcement.

The American Meteorological Society, whose membership is about one-third federal employees, also encouraged members of the broader weather, water, and climate community to contact their congressional representatives and senators. Additionally, the organization has elected to temporarily provide significantly reduced meeting registration fees and waived membership dues for those impacted by job loss “as a result of government changes.” AMS is also temporarily providing certain career services to the entire weather science community, regardless of 2025 membership status. (AMS is an AIP Member Society.)

“Recent terminations within the government workforce for science are likely to cause irreparable harm and have far-reaching consequences for public safety, economic well-being, and the United States’ global leadership,” AMS said in a statement.