The Trump administration asked the U.S. Court of Appeals for the Ninth Circuit to dismiss previously issued orders that found mass firings of recently hired and promoted federal employees unlawful. The Supreme Court overturned a district judge's injunction on probationary firings in April, but that injunction has not been formally revoked. A California district judge ordered agencies to notify impacted workers that dismissals aimed to shrink government rather than reflect individual performance. Agencies often cited performance without conducting individualized assessments and followed Office of Personnel Management guidance. Many probationary employees were rehired after the initial injunctions, though some have been re-fired.
The Supreme Court in April already overturned a district judge's injunction that prevented the firings of employees in their probationary periods, but the order has not yet been formally revoked. Following the high court's ruling, the district judge in California demanded federal agencies send letters to impacted workers notifying them that their dismissals were part of an effort to shrink government and not due to their individual performances.
While the letters stating the firings were not for performance were delivered months ago, the attorneys said, the injunction is still having an impact. "The government continues to be bound to those letters that it was required to send out to those employees," a Justice Department lawyer said. "And so the government is not able to, for example, send a subsequent letter saying we disagree with that letter"
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