Judge seeks more filings in Dem AGs challenge to mass layoffs

A Maryland-based federal district judge on Wednesday called for additional legal briefs from the U.S. Department of Justice and 20 state attorneys general challenging mass layoffs of probationary workers  at the Department of Energy and other federal agencies. 

U.S. District Judge James Bredar issued a temporary restraining order against the mass layoffs earlier this month.

The judge is considering a motion for a preliminary injunction by the attorneys general, most if not all of them Democrats, against the Donald Trump administration’s mass termination of probationary workers. Maryland, New York, California and the other plaintiff states claim the dismissal occurred outside normal channels and without due process.

The parties are filing arguments on how wide-ranging a preliminary injunction might be. Plaintiffs prefer one nationwide rather than just for the affected plaintiffs states. 

As of March 22, the vast majority of the 555 Department of Energy probationary employees, whose initial termination was put on hold by the judge, have said they want their old jobs back.

While the Trump administration’s handling of the reductions in force continues to be litigated, only 15 of the 555 have “declined reinstatement and elected to resign” while another 60 “remain undecided” according to an affidavit filed this week by a DOE human resources official. 

It is part of an ongoing lawsuit brought by New York Attorney General Letitia James, Maryland Attorney General Anthony Brown and other AGs, seeking to block the White House’s mass terminations of probationary workers.

“Staying the unlawful RIFs [reductions in force] in their entirety now—rather than just in the plaintiff states—will ensure that the plaintiff states are not forced to endure still more harms,” the state attorneys said in the Monday motion. “Granting only partial relief from the unlawful RIFs at this juncture would mean staggered reinstatements, which threatens to sow further chaos and confusion and impose additional burdens on the plaintiff states.” 

The government opposes the injunction. Meanwhile affidavits filed by personnel officials at DOE and other federal agencies said reinstating hundreds of probationary employees let go since Jan. 20 is causing its own level of confusion.

“Specifically, all employees offered reinstatement into full duty status are being onboarded again, including going through any applicable training, filling out human resources paperwork, obtaining new security badges, reenrolling in benefits programs and payroll, reinstituting applicable security clearance actions” and other steps, said Reesha Trznadel in a March 17 affidavit. Trznadel is a lawyer and acting human capital officer at DOE.