Public Service Unions and State Democracy Defenders Fund Challenge Unlawful, Mass Federal Firings

Some of the nation’s largest public service unions have filed a lawsuit seeking to block the unlawful mass terminations of probationary federal employees, which was directed by the Office of Personnel Management (OPM) and its Acting Director, Charles Ezell. They allege that the firings “represent one of the most massive employment frauds in the history of this country.” In federal service, new employees and employees who change positions (including through promotions) have probationary status. The unions claim that OPM is exploiting and misusing the probationary period to eliminate staff across federal agencies and are asking for an injunction to stop further terminations – and to rescind those that have already been executed.

The plaintiffs in this case consist of the American Federation of Government Employees, AFL-CIO; the American Federation of State, County and Municipal Employees, AFL-CIO; AFGE Local 1216; and United Nurses Associations of California/Union of Health Care Professionals, AFSCME, AFL-CIO. They are represented by State Democracy Defenders Fund (SDDF) and the law firm Altshuler Berzon LLP.

The complaint says that OPM’s egregious firings were made on false pretenses and violate federal law, including the Administrative Procedure Act and other statutes defining federal employment and OPM's role. These firings were executed across federal agencies, based on directives from OPM. OPM, the complaint asserts, acted unlawfully by directing federal agencies to use a standardized termination notice falsely claiming performance issues. Congress, not OPM, controls and authorizes federal employment and related spending by the federal administrative agencies, and Congress has determined that each agency is responsible for managing its own employees.

“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,” said AFGE National President Everett Kelley. “These actions aren’t just illegal. They are hurting everyday Americans and making us all less safe. It’s a stark reminder of the price we all pay when you stack the government with political loyalists instead of professionals.”

“Overnight, tens of thousands of federal employees received the same termination letter citing ‘performance issues’ without any explanation or reasoning,” said AFSCME President Lee Saunders. “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. Federal workers are qualified professionals who make our nation stronger – supporting our schools, parks, hospitals and vital infrastructure. We will keep fighting these attacks on their freedoms that threaten everything from food safety to national security to health care.”

“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,” said Charmaine S. Morales, RN and UNAC/UHCP President.

Norm Eisen, representing the plaintiffs and executive chair of State Democracy Defenders Fund, said, “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. We are committed to restoring justice for these workers.”

The complaint is available here.