Attorney General Nessel Files Lawsuit Against President Trump, Agencies to Stop Mass Federal Firings

LANSING – Michigan Attorney General Dana Nessel filed a lawsuit (PDF), as part of a coalition of 20 attorneys general, against President Donald Trump and numerous federal agencies for conducting illegal mass layoffs of federal probationary employees. The coalition argues in their lawsuit these mass firings will cause irreparable burdens and expenses on the part of the states, both to support recently unemployed workers and to review and adjudicate claims of unemployment assistance. Moreover, the unlawful layoffs will harm state finances and undermine vital state and federal partnerships. Attorney General Nessel announced the lawsuit in a video here. 

“These mass firings are illegal and likely to cripple important federal initiatives throughout the country and in Michigan, and so we’re once again taking the White House to court,” said Nessel. “Beyond being unlawful, these layoffs are indiscriminate, irrespective of performance and specialized skills, and destructive not only to the livelihoods of thousands of hardworking Americans in public service but also their communities and state programs in place to support those newly unemployed.” 

Reflecting their widespread contempt for many hard-working civil servants, the Trump Administration initiated mass terminations of federal workers, ordering numerous federal agencies to fire thousands of probationary employees in apparent violation of Federal law. These personnel are newly hired or have recently been promoted or changed offices, and they are generally subject to a probationary period of up to two years.  

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 clearly part of the administration’s attempt to decimate 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.   

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 to the State of Michigan.

In this filing, Attorney General Nessel is seeking an immediate ruling by the Court to:   

• Reinstate unlawfully fired employees;
• Stop further similar terminations; and
• Identify affected employees.  

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