Attorney General Bonta Continues His Support for Federal Workers: Trump Administration’s Termination of Probationary Employees is Simply Unlawful

Thursday, March 6, 2025
Contact: (916) 210-6000, agpressoffice@doj.ca.gov

Files Lawsuit Against Federal Government to Stop Mass Firing of Probationary Employees 

OAKLAND — California Attorney General Rob Bonta today filed a lawsuit challenging numerous federal agencies for conducting an illegal mass firing of federal probationary employees. In today’s lawsuit, 20 attorneys general argue that the Trump Administration’s Office of Personnel Management’s directive to agencies to terminate probationary employees en masse to reduce the size of the federal workforce exceeds any statutory authority granted by Congress. The lawsuit seeks to immediately halt further firings and reinstate unlawfully terminated federal employees while litigation proceeds.

“The Trump Administration’s sweeping mass firing of probationary federal employees is simply unlawful,” said Attorney General Bonta. “Not only is the administration breaking the law, while they claim these actions are necessary to ‘curb waste and inefficiency,’ the reality is that abrupt and indiscriminate terminations will lead to increased operation disruptions, higher rehiring costs, and long-term financial burdens on taxpayers. This reckless directive has inflicted chaos and harmed federal workers who are key contributors to our economy and provide critical services that affect the everyday lives of Californians, from offering support for veterans and farmers, to protection of our cherished national parks and lands. I won’t stand idly by as the President attempts yet another unlawful power grab. I am proud to file this lawsuit with my fellow attorneys general across the nation to reinstate unlawfully terminated federal employees and halt further firings.”

Nationally, there are more than 5.1 million federal workers. Nearly all federal employees serve a one-or two-year probationary period, and more than 200,000 are on probationary status across the federal government. In California, numerous federal employees serve in critical roles across key agencies including the Department of Veterans Affairs, the Department of Agriculture, the National Park Service, and the U.S. Forest Service, among others.

The abrupt, pretextual termination of federal employees is not only unlawful but also disrupts essential government services and has far reaching economic effects. Specifically, in California, federal employees heavily contribute to our economy by paying state income taxes and generating substantial local revenue. This unlawful reduction in workforce has already caused a 149% increase in state unemployment benefit claims by federal workers and will inevitably impact small businesses through decreased consumer spending and decline in demand. This callous decision not only fuels broader economic uncertainty but directly contradicts yet another of the President’s empty promises to “immediately bring prices down, starting on day one” of his presidency. 

In the complaint, the attorneys general allege that the Trump Administration's failure to comply with Reduction in Force (RIF) procedures was arbitrary and capricious, not in accordance with law, and in violation of the federal Administrative Procedures Act. These critical protections ensure that workers and impacted communities receive advance notice of mass layoffs to blunt the disruptions they cause for the affected personnel and their communities and also ensure that personnel such as 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 state 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 California, causing significant expense and burden on the state as it scrambles to respond to the sudden mass layoffs of its residents. In the month of February 2025, there was a 149% uptick in unemployment insurance claims filed by individuals recently terminated from federal service. 

The attorneys general are seeking declaratory relief, a temporary restraining order to pause further mass firings, and preliminary and permanent injunctive relief that would reinstate unlawfully terminated federal employees and enjoin further terminations that do not follow required legal procedures.

Attorney General Bonta is joined by the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawai‛i, Illinois, Massachusetts, Maryland, Michigan, Minnesota Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, Wisconsin, and the District of Columbia in filing this lawsuit. 

A copy of the complaint can be found here. A copy of the motion for a temporary restraining order and supporting memorandum can be found here and here

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