USDA ordered to rehire thousands of fired employees

The U.S. Department of Agriculture has to rehire over 5,000 employees who were abruptly laid off as part of President Donald Trump’s attempts to unilaterally cut down the size of the federal government, in ways that sometimes run afoul of the law.

While the decision only affects the USDA, it undermines Trump’s efforts to dramatically cut down the size of the federal government by laying off broad swathes of federal employees. The rehired employees could still be laid off in the coming months, but being laid off as part of a reduction in force, or RIF, instead of for alleged performance issues, would be better for the employees’ long-term careers and help them financially, according to recently fired federal workers in New Mexico.

“It would be a difference, because at least I would hopefully know then that it was based off of legitimate reasons, not because of false accusations,” said former Carson National Forest wildlife biologist Jordan Martinez, who may be one of those 5,000 employees getting rehired. Having that she got fired for performance in her record could harm her prospects if she applies for other federal jobs in the future, she said.

The U.S. Merit Systems Protection Board ruled Wednesday that USDA has to stay its termination of an anonymous forestry technician who was fired Feb. 13 during his probationary period, along with every other USDA employee who received the same termination letter, which may include New Mexicans. The ruling requires the employees to be given back their jobs until at least April 18. USDA has five days to comply with the order.

USDA oversees a range of agricultural and rural services agencies, including the Forest Service. The department did not respond to a request for comment.

Martinez believes she will be reinstated because she received an identical termination letter to the employee in the Merit Board case, but she has not gotten a return work notice yet. Martinez had worked for Carson for just over a year and, in that time, received awards, positive performance reviews and a promotion.

Former Carlsbad park ranger Suzette Runyon also does not know yet if she will be rehired, and she’s trying not to get her hopes up.

“Since, like, everybody that I know had the literal exact same letter, word for word, other than our names, I’m pretty sure that we do fall into that same category,” Runyon said.

Runyon is a former teacher, so she is working to get her substitute teaching license. She expects to see her fellow fired park rangers at a job fair in Carlsbad on Friday.

Former U.S. Fish and Wildlife Services biologist Robert Prather will not be one of those 5,000 employees, as Fish and Wildlife is underneath the Interior Department, but he was heartened to hear Wednesday’s news. Prather was one of thousands laid off in February, with a letter claiming that he was terminated because his skills, knowledge and capabilities are unfit for the department.

“That’s just wildly untrue,” he said. “I had gotten really, really great performance reviews. They’re actually so good that I was given a cash award. I was nominated for the Region Two Early Career Professional of the Year Award. I was excelling in my position, and so I would like to, even if I return and then get RIF-ed, I’d like it to be done in a manner that’s legal,” Prather said.

Getting fired through a reduction in force would also come with a severance payment, unlike a termination for performance.

“There’s a lot of consequences associated with the way they chose to fire us. And it’s a stain on our record that nobody deserves,” Prather said.

If her old job is offered, Martinez said she would likely take it. Finding a new job has been especially difficult because so many people in the same field were laid off at once.

“I just don’t have much of a choice right now,” she said. “I’m having a hard time trying to find another position; unemployment is next to nothing, and even though priorities have changed, I would still do my best to help with our natural resources.”