Unions representing federal employees have initiated legal action to prevent a wave of firings of probationary staff implemented by the Trump administration. These unions contend that the administration is improperly utilizing the probationary period to remove workers from various government sectors.
In the lawsuit submitted on Wednesday to a U.S. District Court in California, the unions describe the mass firings as potentially one of the largest instances of employment fraud the nation has witnessed. The document claims that the Office of Personnel Management (OPM) acted beyond its legal authority by instructing federal agencies to utilize a form letter for termination that misleadingly cited performance issues as the reason for dismissal. The unions are requesting a court order to halt any further layoffs and to reverse those that have already occurred.
President of the American Federation of Government Employees, Everett Kelley, criticized the administration, stating that it has taken advantage of the probationary period resulting in a disorganized and politically motivated dismissing of federal employees. He emphasizes that this has led to the wrongful termination of countless dedicated public servants whose roles include crucial responsibilities like assisting veterans, maintaining nuclear security, ensuring electricity supply, and managing health threats such as bird flu.
Furthermore, a federal judge recently declined to impose a temporary injunction against the mass layoffs while another lawsuit involving five different unions is active. U.S. District Judge Christopher Cooper ruled that the unions should pursue their claims under federal employment law instead of presenting them in district court.
Last week, the administration enacted extensive layoffs of probationary workers, those typically in positions for under a year to two years who have yet to receive full civil service protections, as part of an initiative aimed at significantly downsizing the federal workforce and its associated costs. According to the lawsuit, these employees were issued cookie-cutter termination notices generated by the OPM, inaccurately attributing their firings to performance-related issues.
The unions argue that while Congress has designated individual agencies to manage their workforce, the OPM lacks the necessary constitutional or statutory backing to mandate terminations in this manner. The lawsuit asserts that OPM directed agencies to send a specific email format to terminate employees and to mislabel the firings as performance-related rather than acknowledging them as a broader government effort to reduce personnel numbers.
The complaint indicates that during the termination process, numerous federal agencies communicated that OPM was the authority behind the dismissals. “At the time of this complaint’s filing, tens of thousands of probationary personnel across numerous federal entities have already faced dismissal in an expeditious and mechanical manner as directed by OPM,” the lawsuit claims.
These dismissals, according to the unions, were executed under false pretenses and infringe upon federal regulations, including the Administrative Procedure Act. Lee Saunders, president of the American Federation of State, County and Municipal Employees, stated, “Suddenly, tens of thousands of federal workers received identical termination letters citing ‘performance issues,’ without any rationale or explanation. This series of mass firings is yet another illegal effort by this billionaire-dominated administration to dismantle public services.”
Many of the terminated probationary employees reportedly had received positive performance evaluations from their respective agencies, as highlighted in the lawsuit. The legal action also notes that there are around 200,000 probationary employees working across various federal entities, with approximately 15,000 of those in California, where the lawsuit has been lodged, performing services ranging from fire prevention to veterans’ assistance.
