Can unions stop Trump from firing thousands of federal employees?

Within hours of taking office Monday, President Donald Trump signed an order making it easier to fire federal employees and replace them with political loyalists, drawing immediate legal challenges.

The order, which mirrors Trump’s 2020 “Schedule F” plan, creates a new job category called "Schedule Policy/Career."

It applies to federal employees in policy-making or advocacy roles, removing the protections typically enjoyed by civil servants.

Trump has long criticized the federal bureaucracy, often referring to it as the “deep state.” The new category could affect up to 50,000 positions, stripping workers of due process rights and making them fireable at will.

What does the order do?

The federal government employs over 2.2 million career civil servants, most hired on merit and protected from political influence. These positions generally extend beyond administrations, with firings requiring cause.

Trump’s order significantly expands the category of politically appointed roles. Jobs classified under Schedule Policy/Career will no longer have these protections, enabling agency heads to terminate employees without cause.

The White House said the move responds to instances of career federal workers resisting executive policies.

Can the president exempt workers?

Congress allows presidents to exempt positions from civil service protections when deemed “necessary.” Trump’s order argues this change is crucial for agency flexibility and to address what he claims are cases of federal employees undermining their leadership.

What happened to Trump’s first attempt?

Trump introduced a similar order in 2020, naming it “Schedule F.” It faced swift legal challenges from the National Treasury Employees Union (NTEU) and was rescinded by President Joe Biden in 2021 before being implemented.

Late Monday, the NTEU filed a new lawsuit, alleging the order improperly strips workers of due process rights and fails to justify its necessity under federal law.

Can the order take effect immediately?

No. A 2024 Biden administration rule ensures reclassified workers retain their protections, providing them a process to challenge reclassification. While the U.S. Office of Personnel Management is expected to repeal this rule, doing so could take months or longer.

Under Trump’s order, agency heads have 90 days for a preliminary review of positions and 210 days to complete it.

Can workers sue over reclassification?

Unions will likely challenge the reclassifications. Individual employees must first appeal through administrative processes, including the Merit Systems Protection Board.

The 2024 rule also provides workers with added protections, enabling them to argue against reclassification or claim discrimination.

With legal battles ahead, Trump’s order faces hurdles before taking full effect.