Unions Sue to Halt Mass Firing of Probationary Federal Employees

The Facts -

Unions Challenge Mass Terminations of Federal Employees in Court

WASHINGTON, D.C. – In an unprecedented legal move, some of the largest public service unions in the United States have filed a lawsuit to halt what they describe as illegal mass firings of probationary federal employees. The Office of Personnel Management (OPM) and its Acting Director, Charles Ezell, are accused of orchestrating these terminations, which unions argue constitute "one of the most massive employment frauds in the history of this country." The unions claim that OPM is misapplying the probationary period to purge employees across various federal agencies and are demanding an injunction to cease further firings and reverse those already completed.

The lawsuit, spearheaded by several prominent unions, including the American Federation of Government Employees, the American Federation of State, County and Municipal Employees, and the AFGE Local 1216, is being managed by the State Democracy Defenders Fund (SDDF) alongside Altshuler Berzon LLP.

The complaint alleges that OPM's actions, based on directives for widespread terminations, are in violation of several federal laws, including the Administrative Procedure Act. The unions claim OPM illegally issued a generic termination notice citing false performance issues, overstepping its authority and ignoring Congress's mandate that individual agencies manage their personnel matters independently.

AFGE National President Everett Kelley criticized the administration's approach, stating, "This administration has abused the probationary period to conduct a chaotic, ill-informed, and politically-driven firing spree. The result has been the indiscriminate firing of thousands of patriotic public servants across the country who help veterans in crisis, ensure the safety of our nuclear weapons, keep power flowing to American homes, combat the bird flu, and provide other essential services."

AFSCME President Lee Saunders echoed these sentiments, noting, "Overnight, tens of thousands of federal employees received the same termination letter citing ‘performance issues’ without any explanation or reasoning. These mass firings are yet another unlawful attempt by this billionaire-run administration to gut public services without regard for the health and safety of our communities."

Concerns extend to the healthcare sector as well, with Charmaine S. Morales, RN and UNAC/UHCP President, emphasizing the potential fallout: "New hires are crucial as our country continues to face nurse staffing challenges. Indiscriminately firing these nurses, who are essential to the care their units provide, could truly cost lives."

Representing the plaintiffs, Norm Eisen, executive chair of the State Democracy Defenders Fund, highlighted the significance of this legal battle, stating, "SDDF is proud to stand with leading public service unions in this critical fight to protect their members, who dedicate their lives to serving our nation. The mass firings ordered by OPM are illegal and betray the trust of countless federal employees."

The full complaint can be accessed here.

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