Commerce refires probationary employees as court order lifts

The Commerce Department and its National Oceanic and Atmospheric Administration (NOAA) are already refiring probationary employees after a temporary court restraining order was lifted.

The Trump administration first attempted to get rid of the employees, who were recently hired or promoted, en masse earlier this year, but it was halted by a temporary court restraining order, and employees were brought back to the government on administrative leave. 

That restraining order was lifted last week, and the Commerce Department began to fire them again. 

It’s not clear whether other federal departments also moved to refire their probationary workers after the court order expired. The Commerce Department appears to be carrying out some of the administration’s most aggressive efforts to cut federal workers as it moves to slash the civil service workforce and government spending.

The Commerce Department did not respond to The Hill’s request for comment.

“It’s ridiculous. They’re playing with us,” said Tom Di Liberto, a climate scientist and public affairs specialist at NOAA who was fired, rehired and fired again last week.

“You’re treating us like we’re enemies of the state,” Di Liberto said. “It’s just very, very, very frustrating, especially knowing that the court cases are still ongoing, so we still might get reinstated again. We have no idea. And these are people’s lives. They rely on this money.”

NOAA, an agency that researches weather, climate and oceans, appears to be a particular target of cuts from the administration’s Department of Government Efficiency. A proposal that leaked last week called for a 27 percent cut to the agency and the elimination of its Oceanic and Atmospheric Research office.

“What’s happening is unnecessary, cruel, and deeply life-altering. I know, because I’m one of you and I’m feeling the same heartbreak and uncertainty,” Rachel Brittin, another NOAA worker who was let go, said in a post on LinkedIn.

However, the refirings stretch well beyond the oceans and weather agency.

Two employees with the International Trade Administration told The Hill that they too were refired after the restraining order expired. They asked to remain anonymous to prevent limitations on their future job prospects.

One of the employees said they were a single parent who relied on the income from their job to remain afloat — income that’s now gone in light of the government’s actions. 

“I tried to apply for Medicaid here; we were denied,” the person said, adding they were able to get emergency access to the Supplemental Nutrition Assistance Program (SNAP). “I had to go to a pantry to get food.”

“A lot of us live paycheck-to-paycheck,” the person said. 

The other employee moved from the Washington, D.C., area to another state for their job. This person worked for the federal government helping to promote exports coming from the Republican-led state where they were stationed.

“A business in [this state] could essentially walk into my office and have the entire world at their disposal just by me reaching out to my counterparts in Chile, in Australia, in Brazil,” the person said. 

“I absolutely think our work helps the economy,” they said.

Last month, a court ruling forced the Commerce Department and other agencies to reinstate federal workers. Many workers received a notice saying they would be reinstated but would be put on “paid, non-duty status” — essentially being paid not to work.

However, at least one Commerce employee told The Hill that even while the restraining order was in place, their reinstatement had been rescinded.

Ashley Smith, who trained patent officers in the U.S. Patent and Trademark Office, shared an email with The Hill from March that said her reinstatement “will not proceed as previously communicated” despite the court order.

Smith, a mother of two and Air Force veteran, said she was not given an explanation of why she was not given the pay that was temporarily awarded to others in her cohort.

“It’s really causing a problem,” Smith told The Hill. “I still have bills. I still have rent to pay … I’m a single parent of two.”

The patent office declined to comment when reached by The Hill at the time.

Meanwhile, what will ultimately happen to the temporary workers is not clear, as the court cases surrounding their employment are still ongoing. Various government agencies are also still considering large-scale firings of employees across the board. 

Julia Shapero contributed.