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Friday, November 21, 2025

REMEDIES, DAMAGES—N.D. Cal.: Federal employee RIFs during government shutdown temporarily enjoined - VitalLaw.com

“It is also far from normal for an administration to fire line-level civilian employees during a government shutdown as a way to punish the opposing political party.”

Granting a motion for a TRO by labor organizations and their local affiliates seeking to enjoin the U.S. Office of Management and Budget and other federal agencies from further laying off federal employees during the government shutdown, a federal court in California found the unions are likely to prevail on the merits of their claims under the Administrative Procedure Act, that the harms suffered by the federal employees affected by the RIFs are having drastic and imminent public consequences, and that “the government does not ‘suffer by a temporary preservation of the status quo.’” The court accordingly restrained the defendant agencies from, among other things, taking any action to issue any RIF notices, or any further action to administer or implement any RIF notices already issued, to federal employees in any program, project, or activity that includes any bargaining unit or member represented by any plaintiff unions during or because of the federal government shutdown (American Federation of State County and Municipal Employees v. U.S. Office of Management and Budget, No. 25-cv-08302-SI (N.D. Cal. Oct. 15, 2025)).

RIFs. On October 10, after the start of the government shutdown, federal agencies began laying off thousands of employees. Indeed, the court observed, the government has reported the...



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