HONOLULU - Attorney General Anne Lopez joined a coalition of 20 attorneys general in filing a lawsuit against numerous federal agencies for conducting illegal mass firing of federal probationary employees. 

“Federal workers have pledged their lives to public service and should not be treated as disposable commodities. The ongoing illegal mass firings and layoffs at federal agencies will dramatically increase burdens on Hawai?i and its social assistance programs and undermine vital state and federal partnerships,” said Attorney General Lopez. 

The state of Hawai?i is represented in this matter by Solicitor General Kaliko?on?lani Fernandes and Special Assistant to the Attorney General Dave Day. 

In an effort to dramatically reduce the size of the federal government, the Trump administration initiated mass terminations of federal employees, ordering numerous federal agencies to fire thousands of probationary employees. These personnel are newly hired or have recently been promoted or changed offices, and they are generally subject to a probationary period of one or two years. 

The lawsuit explains that while federal agencies claimed, in the form of termination letters, that these probationary employees were fired for unsatisfactory performance or conduct, the firings were actually part of the administration’s attempt to restructure and downsize the entire federal government. In the lawsuit, the coalition of attorneys general asserts that the administration was therefore required to follow federal laws and regulations that govern large-scale federal “Reductions in Force” (RIF). These critical protections ensure that personnel such as military veterans are given preference in retaining their jobs. 

The lawsuit further explains when a RIF results in a layoff of 50 or more employees, the agency must generally give at least 60 days’ advance notice to state governments, so they can provide vital “rapid response” information, resources, and services to affected workers. The federal agencies named in the lawsuit failed to provide any advance notice, causing significant expense and burden on the states as they scramble to respond to the sudden mass layoffs of residents. 

The lawsuit is asking the court to:

• Rule that the mass firing of probationary employees is illegal;
• Reinstate unlawfully fired employees;
• Stop further similar terminations; and 
• Identify affected employees. 

Joining Attorney General Lopez in the motion are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont and Wisconsin.