AFGE Files Lawsuit Against OPM for Illegal Mass Firings of Probationary Employees

February 24, 2025

AFGE, along with AFSCME, AFGE Local 1216, and United Nurses Associations of California/Union of Health Care Professionals, filed a lawsuit against the U.S. Office of Personnel Management (OPM) Feb. 19, challenging the agency’s unprecedented mass firing of probationary federal employees. 

The lawsuit alleges that OPM’s egregious firings were made on false pretenses and violate federal law, including the Administrative Procedure Act and other statutes defining federal employment and OPM’s role. These firings were executed across federal agencies, based on directives from OPM.  

OPM, the lawsuit asserts, acted unlawfully by directing federal agencies to use a standardized termination notice falsely claiming performance issues. Congress, not OPM, controls and authorizes federal employment and related spending by the federal administrative agencies, and Congress has determined that each agency is responsible for managing its own employees.  

In federal service, new employees and employees who change positions (including through promotions) have probationary status. But OPM is exploiting and misusing the probationary period to eliminate staff across federal agencies. 

The unions are asking for an injunction to stop further terminations and to rescind those that have already been executed.  

“This administration has abused the probationary period to conduct a chaotic, ill-informed, and politically driven firing spree. 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,” said AFGE National President Everett Kelley. “These actions aren’t just illegal. They are hurting everyday Americans and making us all less safe. It’s a stark reminder of the price we all pay when you stack the government with political loyalists instead of professionals.”