Attorneys general file lawsuit over mass firing of federal probationary employees

Governor Josh Green - Governor of Hawaii
Governor Josh Green - Governor of Hawaii
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Attorney General Anne Lopez has joined a coalition of 20 attorneys general in filing a lawsuit against several federal agencies. The lawsuit aims to halt what is described as the illegal mass firing of federal probationary employees.

“Federal workers have pledged their lives to public service and should not be treated as disposable commodities. The ongoing illegal mass firings and layoffs at federal agencies will dramatically increase burdens on Hawaiʻi and its social assistance programs and undermine vital state and federal partnerships,” stated Attorney General Lopez.

Hawaiʻi’s representation in this case includes Solicitor General Kalikoʻonālani Fernandes and Special Assistant to the Attorney General Dave Day.

The mass terminations, initiated during the Trump administration, targeted newly hired or recently promoted employees who are typically under a probationary period lasting one or two years. According to the lawsuit, these dismissals were justified by termination letters citing unsatisfactory performance or conduct. However, the coalition argues that the true intent was to restructure and downsize the federal government, necessitating adherence to federal laws governing large-scale “Reductions in Force” (RIF). These laws are designed to protect certain groups, such as military veterans, ensuring they receive preference for job retention.

Furthermore, when a RIF results in 50 or more layoffs, it generally requires a minimum of 60 days’ advance notice to state governments. This allows states to provide essential “rapid response” resources and services to affected employees. The lawsuit claims that the involved federal agencies did not provide any advance notice, resulting in significant costs and challenges for states dealing with sudden layoffs.

The attorneys general from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Wisconsin have joined Attorney General Lopez in this legal action.



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