The Trump administration has modified its directive on the mass firing of federal employees who are still in their probationary period after a federal judge had ruled the action illegal. The new guidance comes just days after California Judge William Alsup ordered the temporary rescinding of the January 20 order issued by the Office of Personnel Management (OPM).

“Please note that, by this memorandum, OPM is not directing agencies to take any specific performance-based actions regarding probationary employees. Agencies have ultimate decision-making authority over, and responsibility for, such personnel actions,” OPM said in its updated guidance issued Tuesday.

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The memo also gives agencies until September 13 to submit their own proposals for carrying out workforce reductions.

Federal Judge Declares Mass Firing Unlawful

Judge Alsup on Thursday ruled that the directive was “unlawful, invalid, and must be stopped and rescinded.” The judge made the ruling in a case filed by employees of six government agencies against the mass layoffs. The case has its next hearing on March 13.

American Federation of Government Employees National President Everett Kelley labeled OPM’s revision “a clear acknowledgment that it illegally instructed federal agencies to conduct wholesale terminations of probationary workers.”

“Every agency should immediately rescind these unlawful terminations and reinstate everyone who was illegally fired,” Kelley appealed in a statement to AFP.

Mass Layoffs Under Elon Musk’s Department of Government Efficiency

The original OPM directive led to thousands of federal employees being fired from agencies. Several of the terminated workers were still probationary, having been newly hired or promoted during the previous one to two years, according to agency policies. The terminations were conducted as part of a plan by the Department of Government Efficiency, spearheaded by billionaire Elon Musk, to reduce the number of federal employees.

Yet the legality of the terminations is in doubt. Several of the fired workers had been given excellent performance reviews, leaving questions regarding the basis of their dismissal.

Uncertainty Looms for Affected Workers

Federal workers affected by the order are still in doubt about their destiny. “Cannot wait to see if that means we can go back to work!” an NOAA scientist said to AFP. The scientist was one of about 700 employees who were fired from the agency last week.

While some dream of being reinstated, others worry that even if they are rehired temporarily, they could be let go later through normal reduction-in-force practices. In contrast to the probationary terminations, a reduction-in-force process would at least offer greater safeguards, such as advance notice and severance pay.

With the next hearing scheduled for March 13, federal workers in several agencies are eagerly waiting for the verdict, which may decide whether they get back to work or remain in limbo.