New York fired more than 2,000 prison guards Monday for failing to return to work after a weekslong wildcat strike that crippled the state's correctional system, but said enough officers had come back on the job to declare the illegal work stoppage over.

"After 22 days of an illegal strike, the governor and I are happy to report it is now ended," Commissioner Daniel Martuscello said during a virtual press briefing.

The state and the guards' union struck a new deal to end the strike this weekend, but it was contingent on at least 85% of staff returning to work by Monday morning. Although the number returning fell short of the 85% goal, Martuscello said the state would honor the deal's overtime and some other provisions.

He said the National Guard would remain in place at prisons in a support position while the department undertakes an aggressive recruiting campaign to attract additional employees. About 10,000 security staff are available to work in prisons across the state, he said, down from about 13,500 before the wildcat strike.

"Termination letters have been sent to over 2,000 officers who remained on strike. Officers and sergeants who did not have preapproved medical leave and didn't return by this morning, 6:45 a.m. deadline, have been terminated effective immediately," Martuscello said.

Some conditions of the new agreement

Among the conditions of the deal is the suspension of the Humane Alternatives to Long-Term Solitary Confinement Act, or HALT Act, for 90 days and the establishment of a committee to find changes to it. Other conditions included changes to overtime were included in the deal. 

The Legal Aid Society took issue the deal. 

"Without a clear plan to swiftly restore essential services, resume legal and family visits, provide medical care neglected during the strike, and implement strong oversight to prevent retaliation by returning correctional staff, the people we serve in DOCCS facilities across the state will continue to face life-threatening harm," the Legal Aid Society said in a statement. "Compounding these concerns, DOCCS has doubled down on a purported 'suspension' of HALT, the vague terms of which threaten a boundless and illegal circumvention of critical legal protections for incarcerated New Yorkers. All incarcerated New Yorkers, their families, friends, and communities, deserve to know what DOCCS is doing to comply with HALT, and we are going to court to ensure they have that clarity."

The strike, which was illegal under New York's Taylor Law prohibiting strikes by public employees, began on Feb. 17. Gov. Kathy Hochul warned of stiff repercussions for striking workers, including loss of health care, employment and possibly even prosecution.

DOCCS said no penalties were waived as part of the agreement.