During the ongoing government shutdown, several federal employee unions—including the American Federation of Government Employees (AFGE) and AFSCME—filed suit to block planned mass layoffs they argue are illegal. The unions contend that the Trump administration is misusing the shutdown as justification to terminate thousands of workers who perform essential services. According to the lawsuit, memos from the Office of Management and Budget (OMB) and the Office of Personnel Management (OPM) are directing agencies to issue “reduction in force” (RIF) notices, stripping workers of back pay protections, and even directing employees to work during the shutdown to facilitate firings.
AFGE’s national president, Everett Kelley, denounced the administration’s move as “disgraceful” and symbolic of contempt for federal employees, many of whom serve in roles vital to public welfare. The AFGE—representing over 800,000 government workers—is leading the legal battle, with its lawsuit filed in the U.S. District Court for Northern California. In its complaint, the unions argue that the planned firings violate longstanding norms and federal law—especially the Antideficiency Act, which forbids the government from incurring expenses or obligations without appropriated funding. The lawsuit seeks to block the RIF directives and hold the administration accountable for overstepping its authority.
In parallel, the administration has already begun identifying workers for layoffs. OMB Director Russell Vought confirmed that reductions in force have started, targeting over 4,100 positions across federal agencies. Departments such as Health and Human Services, the Treasury, Education, and others are among those affected. A judge who previously blocked Trump’s mass‑layoff plan will now hear arguments about whether firings during a shutdown are lawful. Republican officials argue the cuts are part of broader efforts to shrink the size of government and remove programs supported by Democrats. Meanwhile, union leaders and legal experts warn that the moves risk violating statutory protections and undermining public trust in the civil service.