AFGE v. OPM (Probationary employees 2)
Legal Issues
Overview
Overview
The government appealed Judge Alsup's preliminary injunction requiring 6 executive agencies to reinstate illegally fired probationary employees.
The Issue
Issue
Whether the terminations of probationary federal employees by six agencies violated applicable procedural protections and statutory requirements, and whether preliminary injunctive relief was appropriate.
The Rules
Rule
Preliminary injunctions require demonstration of likelihood of success on the merits, irreparable injury absent the injunction, that the balance of equities favors the moving party, and that the injunction serves the public interest; federal employees possess certain statutory and constitutional protections despite probationary status.
The Application
Analysis
Judge Alsup determined the agencies' terminations violated procedural requirements and granted a preliminary injunction mandating reinstatement of the affected probationary employees. The government appealed, contesting both the underlying legal violation and the appropriateness of injunctive relief.
The Conclusion
Conclusion
The preliminary injunction remains in effect during the appeal; the Ninth Circuit is reviewing the government's challenge to both the merits and the equitable relief determination.
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