AFGE v. OPM (Probationary employees 2)
Case Overview
The government appealed Judge Alsup's preliminary injunction requiring 6 executive agencies to reinstate illegally fired probationary employees.
BrynoDC Coverage 2 videos
The Application
Judge Alsup found that the probationary employees likely had protected interests in continued employment and that six agencies failed to provide constitutionally required notice-and-opportunity-to-respond procedures before terminating them. The balance of equities favored maintaining the status quo through reinstatement pending resolution of the underlying claims.
The Conclusion
The district court granted the preliminary injunction requiring the six agencies to reinstate the terminated probationary employees. The government appealed to the Ninth Circuit, and the case remains active on appeal.
Case Analysis
Overview
The government appealed Judge Alsup's preliminary injunction requiring 6 executive agencies to reinstate illegally fired probationary employees.
Overview
The government appealed Judge Alsup's order granting summary judgement for the plaintiffs which declared the OPM did not have the authority to direct agencies to terminate probationary employees and enjoined the OPM director from directing federal agencies to fire federal employees.
Issue
Whether federal agencies violated probationary employees' procedural due process rights by terminating them without notice or an opportunity to respond, and whether a preliminary injunction requiring reinstatement is warranted pending appeal.
Rule
Federal employees with property interests in employment receive procedural due process protections under the Fifth Amendment and the Administrative Procedure Act, requiring notice of charges and an opportunity to respond before termination. A preliminary injunction requires showing likelihood of success on the merits, irreparable harm, balance of equities favoring the plaintiff, and that the injunction serves the public interest.
Analysis
Judge Alsup found that the probationary employees likely had protected interests in continued employment and that six agencies failed to provide constitutionally required notice-and-opportunity-to-respond procedures before terminating them. The balance of equities favored maintaining the status quo through reinstatement pending resolution of the underlying claims.
Conclusion
The district court granted the preliminary injunction requiring the six agencies to reinstate the terminated probationary employees. The government appealed to the Ninth Circuit, and the case remains active on appeal.
Flag an issue
This tracker is maintained by BrynoDC and is free because readers fund it. Support