Unions sue over federal worker firings, citing misuse of probationary periods

By Brian Witte | The Associated Press

Unions for federal workers have filed a lawsuit to block the mass firings of probationary federal employees by President Donald Trump’s administration, alleging that officials are exploiting and misusing the probationary period to eliminate staff across government agencies.

The unions allege in the complaint filed late Wednesday in U.S. District Court in California that the firings “represent one of the most massive employment frauds in the history of this country.”

The lawsuit says the administration’s Office of Personnel Management acted unlawfully by directing federal agencies to use a standardized termination notice falsely claiming performance issues. The unions seek an injunction to stop more firings and to rescind those that have already happened.

“This administration has abused the probationary period to conduct a chaotic, ill-informed, and politically-driven firing spree,” American Federation of Government Employees President Everett Kelley said in a news release. “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.”

OPM did not immediately respond to an email seeking comment.

The complaint contends that the firings were made on false pretenses and violate federal law, including the Administrative Procedure Act.

“Overnight, tens of thousands of federal employees received the same termination letter citing ‘performance issues’ without any explanation or reasoning,” said a statement from Lee Saunders, president of the American Federation of State, County and Municipal Employees President. “These mass firings are yet another unlawful attempt by this billionaire-run administration to gut public services.”

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Congress, not OPM, controls and authorizes federal employment and related spending by the federal administrative agencies, the complaint said, and Congress has determined that each agency is responsible for managing its own employees.

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