Employer-wide job cuts are no longer permitted by a majority of key organizations on an ongoing basis.
In a significant ruling, Judge Susan Illston has issued a preliminary injunction, halting the Trump administration from issuing or finalizing widespread layoffs at most major federal agencies. The order applies to a variety of departments, including Agriculture, Commerce, Energy, Health and Human Services, and many more.
The federal agencies directly affected by this temporary injunction include the Department of Defense, Department of Homeland Security, Department of Veterans Affairs, and other related entities involved in workforce reductions. Some agencies have notified employees subject to layoffs that those efforts were paused.
The coalition of unions, nonprofits, and several states that brought the lawsuit applauded the preliminary injunction. Danielle Leonard, an attorney for the plaintiffs, claimed that the Office of Management and Budget (OMB) and the Office of Personnel Management (OPM) have overruled agencies' initial Reduction in Force (RIF) plans.
The Trump administration, however, argues that OMB and OPM do not substantively second-guess agencies' determinations regarding RIFs. Office of Management and Budget Director Russ Vought predicts the administration will ultimately prevail in the Supreme Court. Vought claims the RIFs across government were conducted legally and with care.
The order tasks impacted agencies with rescinding already issued RIFs and putting those currently on paid administrative leave back on the job. Agencies have moved forward with the re-firings of employees in their probationary periods, a move that is not affected by the injunction.
The Trump administration has defended the layoffs by stating that the president did not issue mandates for specific actions. However, the group stated that the administration's reorganization efforts have disrupted critical services provided across the nation.
Notably, the Supreme Court previously ruled that Trump can fire leaders of independent federal boards. Yet, Judge Illston privately reviewed several non-public ARRPs (Agency Reorganization and Restructuring Plans) and found that agencies themselves often did not suggest any layoffs were necessary.
The administration has appealed Judge Illston's initial restraining order to both the Ninth Circuit Court of Appeals and Supreme Court, but neither entity has issued a ruling as of yet. The preliminary injunction extends a two-week temporary restraining order issued by Judge Illston.
Despite the halt on RIFs, some reorganization actions have continued, such as the Interior Department's consolidation efforts. The president must seek congressional authorizations to engage in large-scale reorganizations of agencies, as many presidents have done in the past.
In conclusion, the preliminary injunction issued by Judge Illston has temporarily halted the Trump administration's widespread layoffs at major federal agencies. The case is ongoing, with the administration appealing the decision to higher courts.
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