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.” 

Guidance: OPM Email

From National President Kelley:

Earlier today, I sent a letter to Acting OPM Director Ezell insisting he rescind yesterday’s email from hr@opm.gov. Since last night, it has become even more clear that the thoughtless and bullying email was meant to intimidate federal employees and cause mass confusion. Agencies across the federal government have acknowledged that confusion and that they were unaware the email was being sent. As of this writing, several agencies have now provided guidance to employees.

Though we believe the email and the resulting agency instructions are improper, we advise that you comply with any directive that has come from your agency. Simply put, if your agency has asked you to reply, you should do so and highlight the important work that you do for the American people. If you are in a situation where you have been prevented from performing your duties by the current administration’s attacks (USAID, for example), say so, as well as the positive contributions you would be making were you permitted to work as usual. If you have engaged in advocacy for your agency or protected activity, I would also note that and simply state that you have continued to stand ready to support your agency, its mission, and the public.

If your agency has informed you that you should not respond, you should comply with that directive. Similarly, if you have not received any guidance from your agency, we reiterate our advice from yesterday that you should ask your supervisor whether you should respond and, if so, how. Until you receive a response or other agency directive to respond, we do not believe you have any obligation to do so.

Finally, if you are on leave, we do not believe you have any obligation to respond. If you wish to respond, you may wish to ask your supervisor for any overtime or compensatory time that you may be entitled.

AFGE will continue to monitor the situation and provide further updates as necessary. Separate guidance for local leaders will be issued later today.

In solidarity,

Everett Kelley

AFGE National President

Dear Member,

Earlier today, I sent a letter to Acting OPM Director Ezell insisting he rescind yesterday’s email from hr@opm.gov. Since last night, it has become even more clear that the thoughtless and bullying email was meant to intimidate federal employees and cause mass confusion. Agencies across the federal government have acknowledged that confusion and that they were unaware the email was being sent. As of this writing, several agencies have now provided guidance to employees.

Though we believe the email and the resulting agency instructions are improper, we advise that you comply with any directive that has come from your agency. Simply put, if your agency has asked you to reply, you should do so and highlight the important work that you do for the American people. If you are in a situation where you have been prevented from performing your duties by the current administration’s attacks (USAID, for example), say so, as well as the positive contributions you would be making were you permitted to work as usual. If you have engaged in advocacy for your agency or protected activity, I would also note that and simply state that you have continued to stand ready to support your agency, its mission, and the public.

If your agency has informed you that you should not respond, you should comply with that directive. Similarly, if you have not received any guidance from your agency, we reiterate our advice from yesterday that you should ask your supervisor whether you should respond and, if so, how. Until you receive a response or other agency directive to respond, we do not believe you have any obligation to do so.

Finally, if you are on leave, we do not believe you have any obligation to respond. If you wish to respond, you may wish to ask your supervisor for any overtime or compensatory time that you may be entitled.

AFGE will continue to monitor the situation and provide further updates as necessary. Separate guidance for local leaders will be issued later today.

In solidarity,

Everett Kelley

AFGE National President