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Attorney General Neronha joins coalition to stop mass firings of federal probationary employees

 

PROVIDENCE, R.I. – Attorney General Neronha joined a coalition of 20 attorneys general in filing a lawsuit against numerous federal agencies for conducting illegal mass layoffs of federal probationary employees.

These mass firings will cause irreparable burdens and expenses on the part of the states, both to support recently unemployed workers, and to review and adjudicate unemployment assistance claims. Moreover, the unlawful layoffs will harm state finances and undermine vital state-federal partnerships.  

“The Trump Administration is thoughtlessly, indiscriminately, and illegally firing probationary federal employees, leaving hard-working Americans across the country jobless,” said Attorney General Neronha. “Moreover, these mass layoffs require adequate notice to the states, and without appropriate notice, states cannot prepare to properly serve affected workers. If the President wants to reduce the size of the federal government, he must do so through legal means. This is another attempt to subvert the rule of law as an illegal means to an end and coalesce executive power in the process. These protections are on the books for a reason, and we won’t stand for this attack on American workers and their families.”

In an effort to dramatically reduce the size of the federal government, the Trump Administration initiated mass terminations of federal employees, ordering numerous federal agencies to fire thousands of probationary employees. These personnel are newly hired or have recently been promoted or changed offices, and they are generally subject to a probationary period of one or two years.   

While federal agencies claimed, via termination letters, that these probationary employees were fired for unsatisfactory performance or conduct, the firings were clearly part of the Administration’s attempt to restructure and downsize the entire federal government. In the lawsuit, the coalition contends that the Administration is required to follow federal laws and regulations that govern large-scale federal “Reductions in Force” (RIF). These critical protections ensure that personnel such as military veterans are given preference in retaining their jobs.  

When a RIF results in a layoff of 50 or more employees, the agency must generally give at least 60 days’ advance notice to states governments, so that they can provide vital “rapid response” information, resources, and services to affected workers. The federal agencies named in the lawsuit failed to provide any advance notice to the states.

With the lawsuit, the coalition is asking the court to:

  • rule that the mass firing of probationary employees is illegal;
  • reinstate unlawfully fired employees;
  • stop further similar terminations; and
  • identify affected employees 

Joining Attorney General Neronha are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawai‛i, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Wisconsin, and the District of Columbia. 

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