The BBC has contacted OPM for comment.
OPM, a once-obscure agency that manages the federal government’s civil service, has been thrust into the spotlight amid President Donald Trump’s moves to slash the size of the federal workforce.
In Thursday’s hearing in San Francisco, California, Judge Alsup countered the DOJ lawyer’s arguments from the bench, citing evidence including termination letters that stated the firings were carried out on OPM’s instructions.
“That should not have been done in our country,” Judge Alsup said. “It was a sham in order to avoid statutory requirements.”
Danielle Leonard, a lawyer representing a coalition of government employee unions, said probationary employees were targeted because they lacked the right to appeal.
During the hearing, Judge Alsup also lamented the firing of a government worker in Albuquerque, New Mexico who had been given top marks for performance but was then issued a pink slip citing performance as the cause of their termination.
“I just want to say it is a sad day when our government would fire a good employee and say it’s for performance when they know good and well that’s a lie,” Judge Alsup said.
Judge Alsup’s order was followed by a similar ruling from Baltimore, Maryland, by District Judge James Bredar, who agreed that Trump’s team had broken regulations and cast doubt on the idea that the workers had been individually sacked for unsatisfactory performances.
Responding to the first ruling, White House press secretary Karoline Leavitt accused Judge Alsup of singlehandedly “attempting to unconstitutionally seize the power of hiring and firing from the executive branch”.
She said that power rested with the president and “singular district court judges cannot abuse the power of the entire judiciary to thwart the president’s agenda”.
“The Trump administration will immediately fight back against this absurd and unconstitutional order,” she added.
Elon Musk’s name was not mentioned during the California hearing, but he has been tasked by President Trump with downsizing the federal workforce through the ad hoc Department of Government Efficiency – or Doge.
“He was on everybody’s mind,” said Luz Fuller, president of a local Sacramento branch of the American Federation of Government Employees, which represents more than 4,500 employees in Northern California.
The White House has denied that Musk is the agency’s leader, although Trump labelled him as such during his Congressional address last week.
