NSF is Reinstating Nearly All Probationary Employees
News is breaking today that the National Science Foundation (NSF) is reinstating 84/86 probationary employees that were fired on February 18th. The decision appears to be made solely by the NSF in light of a Friday opinion issued by Judge William Alsup of the U.S. District Court for the Northern District of California that said the Office of Personnel Management (OPM) did not have the legal authority to fire probationary employees. The decision by NSF was also based on OPM-issued guidance to agencies that they were allowed to retain probationary employees with disabilities, veterans, or military spouses. The employees will be reinstated with back pay and no time lost.
This is a major win and offers some hope that the chaotic and illegal means by which Elon Musk is firing federal workers will not be upheld in a court of law. The decision, if upheld, will put more of the decision-making authority on President Trump and members of his cabinet. We know that Trump’s goal is to rid himself of a civil service which he views as a roadblock to dismantling democracy, so it’s likely he will continue to try and fire as many federal workers as possible. If heads of agencies are given authority to make firing/hiring decisions, they could be pressured by Trump or DOGE to reduce their workforce.
The question now becomes – how will heads of agencies react?
While they haven’t explicitly stated how they feel about Musk’s decision to dismantle their agencies – we know that some agency heads haven’t been too excited about these DOGE decisions. Even Trump loyalist and confirmed FBI Director, Kash Patel, has told employees to ignore directives from Musk.
In some cases, agency heads have had to scramble to reinstate employees serving in critical roles. For example, the administration fired workers who ensure the nation’s nuclear weapons stockpile is safe. The Department of Energy (DOE) had to scramble to hire them back but had difficulty because they no longer had their contact information. Similarly, the United State’s Department of Agriculture (USDA) struggled to rehire employees who were critical to combatting the avian bird flu epidemic. The same situation has happened at the Food and Drug Administration (FDA), the US Forest Service, the National Park Service, and the Indian Health Service.
It can’t be ideal to be hired to head an agency but then not be set up for success given you have no workers. I imagine an agency head would not like being faulted for the spread of a deadly disease like bird flu -- not something they would want on a resume. So, hopefully, agency heads will follow the courageous lead of the head of NSF, and reinstate fired employees understanding it’s in their, and the nation’s, best interest.
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