Press Release  AG Campbell Files Lawsuit To Stop Mass Firings Of Federal Probationary Employees

BOSTON — Massachusetts Attorney General Andrea Joy Campbell joined a coalition of 20 attorneys general in filing a lawsuit and motion for a temporary restraining order (TRO) against numerous federal agencies for conducting illegal mass layoffs of federal probationary employees, including employees in Massachusetts. In filing the motion, the coalition is asking a federal court to order the agencies to cease the mass layoffs and to reinstate those who have been fired while the lawsuit proceeds.  

 The lawsuit was filed in the United States District Court for the District of Maryland and asserts that when conducting the mass firings, the Trump Administration failed to follow federal laws and regulations that govern large-scale federal “Reductions in Force” (RIF), which offer critical protections to federal workers, including ensuring that personnel such as military veterans are given preference in retaining their jobs. In the lawsuit, the coalition also asserts that the mass firings, which were done without notification to the states, will cause irreparable harm to the states, including burdening the states’ unemployment resources, harming state finances, and undermining vital state-federal partnerships.  

“The reckless and unlawful mass firings of probationary federal employees – those doing essential work related to the armed forces, aviation safety, consumer protection, and more – puts undue resource strains on states,” said AG Campbell. “Our lawsuit seeks to reinstate these workers while preventing the likely burden their termination will have on our state’s public resources.”  

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 termination letters sent by federal agencies, typically in the form of a standard template, claimed that the probationary employees were fired due to inadequate performance, the coalition asserts that the firings were not based on any individualized findings and were clearly part of the administration’s attempt to restructure and downsize the entire federal government. 

When a RIF results in a layoff of 50 or more employees in a particular area, the agency must generally give at least 60 days’ advance notice to states governments, so 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 Massachusetts and the coalition states, causing significant expense and burden on the state as it scrambles to respond to the sudden mass layoffs of its residents. Terminated federal employees in Massachusetts have already applied to the state for unemployment benefits.  

Through the lawsuit and motion for a TRO, AG Campbell and the coalition are asking the court to:    

• Reinstate unlawfully fired employees;   
• Stop further similar terminations; and   
• Identify affected employees     

Joining AG Campbell in filing the lawsuit are the attorneys general of Maryland, Minnesota, the District of Columbia, Arizona, California, Colorado, Connecticut, Delaware, Hawai‛i, Illinois, Michigan, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Wisconsin. 

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