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Wiz Imp

(3,751 posts)
40. Yep. The Federal Government has broad discretion to layoff employees.
Wed Feb 19, 2025, 02:07 PM
Wednesday

However, there are still very specific rules they must follow. If they don't follow those rules, then they are very much open to a class action suit. "Firing" employees is more difficult. Firing employees for "poor performance" who can prove they had all outstanding Performance evaluations would almost certainly be considered illegal.

https://crsreports.congress.gov/product/pdf/IF/IF12908
In the federal government, layoffs are referred to as reduction in force (RIF) actions

Retention Registers
After establishing competitive levels, the agency establishes
a retention register for each competitive level. The
retention register is the ranking of each employee subject to
RIF within a competitive level after the agency applies four
retention factors required by law (5 U.S.C. §3502):
1. Tenure of employment,
2. Military preference (also referred to as
veterans’ preference),
3. Length of service, and
4. Efficiency or performance ratings.


https://www.reuters.com/world/us/are-trumps-mass-firings-federal-workers-legal-2025-02-13/#:~:text=As%20president%2C%20Trump%20has%20broad,they%20are%20let%20go%20arbitrarily.
Explainer: Are Trump's mass firings of federal workers legal?

HOW MUCH POWER DOES TRUMP HAVE TO FIRE OR LAY OFF WORKERS?
As president, Trump has broad authority to shrink the federal workforce, but slashing headcount may not be straightforward.

Most civil service employees can be fired legally only for bad performance or misconduct, and they have a host of due process and appeal rights if they are let go arbitrarily. Probationary employees - typically those with less than a year of service - have fewer legal protections.

Federal agencies can trim headcount through so-called reductions in force, but that can be a complicated process governed by rules and regulations dictating the scope and order of firings. The process can take months to a year or longer, and employees must be given notice and in some cases the opportunity to take a different government job.

Federal employees can appeal firings to the Merit Systems Protection Board, an independent agency that enforces laws protecting civil service workers from political retaliation and other prohibited employment practices.

Recommendations

2 members have recommended this reply (displayed in chronological order):

Well, they couldn't find any fraud so they had to perpetrate some on us Walleye Wednesday #1
This! Joinfortmill Wednesday #7
They have simply cloaked the whole operation EndlessWire Wednesday #8
They just make a general accusation after spending a generation getting people to hate the government Walleye Wednesday #9
Well, not any factual ones, but they have their made-up "examples" that the MAGAts will eat up JHB Wednesday #39
As per usual, Republicans are the fraud they claim to seek. n/t Beartracks Wednesday #26
So they not only Fired them.. they Cruelly tried to make sure Cha Wednesday #57
If they are on probationary status, they may not have any performanve evaluation KPN Wednesday #62
Probationary status does not mean they were new employees Random Boomer Thursday #67
Lawsuit - class action .... Lovie777 Wednesday #2
Well... OldBaldy1701E Wednesday #14
Add unemployment compensation loss modrepub Wednesday #23
Won't work Cirsium Wednesday #24
Just wait until DENVERPOPS Wednesday #37
"Tort reform" Cirsium Wednesday #42
Hey Circium DENVERPOPS Wednesday #58
Thanks Cirsium Wednesday #59
this was taking on a corporation DENVERPOPS Wednesday #60
That's really their only hope. Individual lawsuits are very expensive for ordinary folks ... Hekate Wednesday #27
Yep. The Federal Government has broad discretion to layoff employees. Wiz Imp Wednesday #40
They can (and should) still file for UE. The .gov can chose to challenge the application for UE based on the firing kelly1mm Wednesday #3
The STATES should stop paying taxes to this fascist government. n/t rzemanfl Wednesday #29
The states, except in the limited capacity of employers of state employees do not 'pay' taxes the the feds. Payments kelly1mm Wednesday #34
The fascists pay no attention to the Constitution or the Courts. rzemanfl Wednesday #36
So explain to me how say, California would intercept payments going from it's residents employers to the feds kelly1mm Wednesday #50
We have scofflaws in the Executive Branch or rzemanfl Wednesday #56
I'm finding no evidence of any state denying unemployment benefits to someone who was terminated Wiz Imp Wednesday #4
The fired federal employee on CNN had not filed for unemployment yet, but she thought it would make it more difficult. surfered Wednesday #15
What state is that? I'm not doubting you but I've looked thoroughly online across almost all Wiz Imp Wednesday #18
Texas and I was a witness at the hearing surfered Wednesday #19
Due to the cost of attorney, etc the employee did not appeal surfered Wednesday #20
Interesting. According to their website, you should be eligible for benefits unless you're fired for misconduct. Wiz Imp Wednesday #25
Yes, I already read that. The case I witnessed was 20 years ago. surfered Wednesday #35
I'm absolutely sure Trump & Musk are counting on most workers not to fight back Wiz Imp Wednesday #41
I hope so as we are going to lose a lot of valuable knowledge surfered Wednesday #46
What do you think "failure to perform your work adequately if you are capable of doing so" nilram Wednesday #44
I was sneered at, enigmania Wednesday #55
Ohio is written like that too. Backseat Driver Wednesday #49
I'm willing to bet it will come out in the many, many wrongful termination lawsuits this will spawn meadowlander Wednesday #5
They are using AI Johnny2X2X Wednesday #17
There may be some "disparate impact" cases too. spooky3 Wednesday #48
they won't get severance either 4catsmom Wednesday #6
Severance Pay Eligibility in Federal Government Positions Wiz Imp Wednesday #22
Zuck just did this at Meta newdeal2 Wednesday #10
No. Not the same as what TSF/M are doing. They are purging fed gov like they purged the gop. It's not for wiggs Wednesday #52
Effin evil malaise Wednesday #11
I dont know how it works with Federal government jobs..... 70sEraVet Wednesday #12
Federal Civil Service has a process of mitigation by the employee of the reason for poor performance surfered Wednesday #16
If they were rehired into the same position shortly after being let go... Wiz Imp Wednesday #31
Remember, this is all about the money. mwmisses4289 Wednesday #13
This is absolutely the point of it all JoseBalow Wednesday #33
this isn't about saving money that will then be skimmed...although they will certainly get a taste somewhere. It's wiggs Wednesday #53
Exactly, they are thieves Dem4life1234 Thursday #64
My husband was a California State employee, and a supervisor cksmithy Wednesday #21
This poor performance shit never works. Klarkashton Wednesday #32
I hope so. cksmithy Wednesday #51
The cruelty is on purpose. spanone Wednesday #28
I hope they can sue Musk personally, or whoever claimed the authority to fire them William Seger Wednesday #30
Class action suit lame54 Wednesday #38
Class action Cirsium Wednesday #43
What a f***ing asshole!!! BComplex Wednesday #45
They make my blood boil so much Dem4life1234 Thursday #65
Or if Mitch McConnell hadn't whipped the republicans into voting NOT to remove him from office after TWO impeachments. BComplex Thursday #66
Fascists are not happy unless they're screwing Emile Wednesday #47
The point is fear RhapsodyFav Wednesday #54
Correct me if I'm wrong, but... DET Wednesday #61
This is what happens when people elect a criminal as a leader Dem4life1234 Thursday #63
A Claim of "poor performance" is a positive claim.... Happy Hoosier Thursday #68
Post removed Post removed 9 hrs ago #69
And this has what to do with the OP? GP6971 9 hrs ago #70
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