The firings of thousands of federal probationary employees have been declared illegal by federal judges in Maryland and California, but questions remain about what happens next.
“The latest is that we’re waiting to hear,” said former IRS IT specialist George Johnston, one of those probationary workers (generally, those with less than a year on the job, but, in some cases, less than two years).
The judges’ rulings order the government to begin reinstatement, but how?
Johnston and the other fired workers no longer have access to their government email.
“Unfortunately, I don’t know,” Johnston said. “Now, if they go and try to find my former supervisors, they could get in touch with me. But there’s a big disconnect between the powers that be that are actually executing the whole HR actions and your frontline managers.”
That type of process – as inefficient and time-consuming as it might be given how many people are involved – might be how the judges’ orders are put into effect, said Michelle Bercovici, a partner with Alden Law Group who represents federal employees across the globe.
“What I would actually expect is that most people are going to be put on administrative leave,” she said. “You would likely receive some sort of notice that you’re being placed on administrative – which is paid, non-duty leave – while agencies figure out how to on-board everybody back.”
Johnston said he has many unanswered questions, including what it means for workers who were close to the conclusion of their probationary period when they were fired.
“The timing is everything,” he said. “There are a couple of situations where I could come back and I’m still a probationary employee, meaning my year hasn’t passed. And then there’s situations where this gets processed, and I come after my anniversary date. It’s unclear if the clock continued to tick.”
The Maryland judge’s ruling applies to all fired probationary workers, not just those in the states named in the lawsuits.