RIF Updates

In the AFGE, AFL-CIO, et al. v. Trump case, the court issued a preliminary injunction on 5/22—a temporary order that blocked the government from moving forward with the planned reduction in force (RIF) and reorganization while the case is being decided.

Visit AFGE Local 2883's RIF guidance section for more detailed information and guidance related to the current RIF.

Current status

The government filed an emergency appeal to the 9th Circuit Court of Appeals, asking it to stay (cancel) the injunction.

The plaintiff’s response to that appeal was due on 5/27, and the government has the option to reply by 5/29.

Agencies have until 5/30 to show the court how they are complying with the preliminary injunction by pausing actions related to RIF and reorganization.

What happens next

If the 9th Circuit DENIES the emergency appeal:

The preliminary injunction remains in place, with the RIF and reorganization still paused.

The government could then ask the Supreme Court to intervene, and the request would go to Justice Kagan. She could deny the stay (keeping the injunction in place), issue a stay (overturning the injunction), or refer the emergency appeal to the full Supreme Court.

If the Supreme Court does not intervene, the case proceeds through the normal appeal process (hearings, arguments, etc.) to determine whether the preliminary injunction will continue. A ruling on the full appeal from the 9th Circuit would be expected sometime around late July at the earliest.

In this scenario, the preliminary injunction would be in effect while the full appeal continues, with the RIF and reorganization paused. All RIF'd employees would likely stay on admin leave until the full appeal process has been completed.

If the 9th Circuit GRANTS the emergency appeal by issuing a stay:

The preliminary injunction is lifted.

AFGE could ask for an emergency appeal to the Supreme Court, and Justice Kagan would have the same options as above.

If the Supreme Court does not overturn the 9th Circuit’s ruling, the government can resume the RIF and reorganization immediately.

The case still continues, but without the temporary protections in place for the plaintiffs. Which means RIF’d employees will be separated. We do not know if they will give a new notice, give a 30-day notice, or if separations will take effect immediately.