Attorney General Kathy Jennings and 20 of her colleagues have filed suit and moved for a temporary restraining order against numerous federal agencies, asking a federal court to block illegal mass layoffs of federal probationary employees and to reinstate those who have been fired.
“The federal workforce is indispensable to Delawareans’ safety, health, and prosperity,” said AG Jennings. “These are not low performers or senior political appointees; they are hardworking public servants, law enforcement, veterans, and critical workers whose probationary status makes them the low-hanging fruit in a crusade to deliberately cripple the federal government. Indiscriminate mass firings do not save us money — they deprive us of critical services and ultimately leave states like Delaware holding the bill when it’s time to step in and clean up the mess.”
This action follows mass firings by federal agencies that cause irreparable injuries to Delaware and other states. The ongoing and sudden mass firings threaten to strain state resources to support recently unemployed workers, and to review and adjudicate claims of unemployment assistance. Moreover, the unlawful layoffs without statutory notice will harm state finances, undermine vital state-federal partnerships, and cripple the states’ ability to plan for and mitigate those harms.
The Trump administration’s sudden and arbitrary order that federal agencies terminate federal employees en masse has swept up thousands of probationary federal employees — those who are newly hired or have recently been promoted or changed offices, and are subject to a waiting period before receiving full protections under federal employment laws.
While federal agencies claimed, in the form of termination letters, that these probationary employees were fired for unsatisfactory performance or conduct, the firings were actually part of the administration’s attempt to restructure and downsize the entire federal government.
In today’s lawsuit, Jennings and her colleagues argue that the administration was required to follow federal laws and regulations that govern large-scale federal “Reductions in Force” (RIF). These critical protections ensure that personnel like 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 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 Delaware, causing significant expense and injury and burden on the state as it scrambles to respond to the sudden mass layoffs of its residents.
AG Jennings is seeking an immediate ruling by the Court to reinstate unlawfully fired employees, stop further similar terminations, and identify affected employees. Joining Delaware in the lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Wisconsin, and the District of Columbia.
Original source can be found here.