Unions Sue to Protect Federal Workers From Mass Firings During Government Shutdown

Just hours before an expected US government shutdown, two major unions for federal workers filed a lawsuit on Tuesday in hopes of protecting them from the Trump administration's threat of mass firings.

"Announcing plans to fire potentially tens of thousands of federal employees simply because Congress and the administration are at odds on funding the government past the end of the fiscal year is not only illegal—it's immoral and unconscionable," American Federation of Government Employees (AFGE) national president Everett Kelley said in a statement.

"Federal employees dedicate their careers to public service—more than a third are military veterans—and the contempt being shown them by this administration is appalling," Kelley declared.

Filed by AFGE and the American Federation of State, County, and Municipal Employees (AFSCME) in the Northern District of California, the new suit specifically takes aim at the Office of Management and Budget, OMB Director Russell Vought, the Office of Personnel Management, and OPM Director Scott Kupor.

"Federal workers do the work of the people, and playing games with their livelihoods is cruel and unlawful."

The OMB last week "issued a memorandum threatening that if 'congressional Democrats' do not agree to the administration's
demands, and the federal government shuts down, there will be mass firings of federal employees," the complaint explains. The memo "takes the legally unsupportable position that a temporary interruption of appropriations eliminates the statutory requirement for all unfunded government programs and directs all federal agencies to 'use this opportunity' to consider reductions in force (RIFs) for any programs for which the funding has lapsed and that are not priorities of the president."

"This past weekend, the Trump administration doubled down on its illegal activity," the complaint notes, as OMB and OPM "told agencies that federal employees could work during the shutdown in order to effectuate these RIFs. But this directive is contrary to federal law, because carrying out RIFs is plainly not a permitted (or 'excepted') function that can lawfully continue during a shutdown."

"The threat of massive layoffs was repeated and reinforced yesterday by the White House press secretary who, when asked whether there will be mass layoffs of federal employees, answered, 'There will be if Democrats don't keep the government open,'" the filing continues. "These actions are contrary to law and arbitrary and capricious, and the cynical use of federal employees as a pawn in congressional deliberations should be declared unlawful and enjoined by this court."

AFSCME president Lee Saunders highlighted how the firing threat connects to Project 2025, a policy agenda from a host of far-right figures, including Vought, published last year, in the lead-up to the November election.

"The Trump administration is once again breaking the law to push its extreme Project 2025 agenda, illegally targeting federal workers with threats of mass firings due to the federal government shutdown," Saunders said. "If these mass firings take place, the people who keep our skies safe for travel, our food supply secure, and our communities protected will lose their jobs. We will do everything possible to defend these AFSCME members and their fellow workers from an administration hell-bent on stripping away their collective bargaining rights and jobs."

AFSCME and AFGE are represented by Altshuler Berzon LLP, Democracy Defenders Fund, and Democracy Forward, whose president and CEO, Skye Perryman, accused President Donald Trump of "using the civil service as a bargaining chip as he marches the American people into a government shutdown."

"Federal workers do the work of the people, and playing games with their livelihoods is cruel and unlawful. That is why we have sued today," said Perryman, whose group has played a leading role in challenging the administration in court, as an increasingly authoritarian Trump and his Department of Government Efficiency have worked to gut the federal bureaucracy.

"Since inauguration, this administration has pursued a harmful Project 2025 agenda, attacking community programs and charities, lawyers, schools, private companies, law firms, judges, universities, public servants, and the programs, foundations, and civil servants working to deliver services to people and keep communities safe," she noted. "No one's lives have been made easier or better by these actions, and we will continue to meet these attacks in court. We are honored to again represent AFGE and AFSCME in protecting the American people from the Trump-Vance administration's callous and unlawful agenda."

The government will shut down at midnight unless Congress takes action. Although the GOP controls both chambers and the White House, they lack the numbers to advance most legislation in the Senate without Democratic support. The Senate voted Tuesday evening on Democrats' and Republicans' competing resolutions, neither of which passed.

Democrats have fought to expand Affordable Care Act subsidies and reverse cuts to Medicaid in the so-called One Big Beautiful Bill Act that congressional Republicans passed and Trump signed this summer. GOP leaders have refused to consider walking back their assault on the healthcare of millions of Americans.

In the event of a shutdown, "non-expected" employees are furloughed while "excepted" employees continue working, but no one gets paid until the shutdown ends.