🚨BREAKING NEWS: On October 28, 2025, U.S. District Court Judge Susan Illston (Northern District of California) granted a Preliminary Injunction (PI) in AFGE v. OMB, which continues halting all Federal Reduction-in-Force (RIF) actions initiated or approved by OMB during the current government shutdown. The ruling applies nationwide to any agencies--including CDC/HHS--with at least 1 AFGE Member or BUE that applied the new OMB RIF framework.🚨
Last Update: 6/04/2025
TERMINATED PROBATIONARY EMPLOYEES
As of May 8, 2025, after receiving court-ordered notices clarifying that their terminations were part of a mass layoff and not due to poor performance, hundreds of CDC probationary employees were officially terminated despite ongoing legal challenges.
If you were officially separated as a probationary employee, you can still remain a dues-paying member of AFGE Local 2883. Remaining a member ensures that you stay connected to critical updates, legal developments, and union support as the fight to challenge these terminations continues.
Lastly, some probationary employees received RIF notices, while others were reinstated. If you were affected by the RIF, please refer to the other tabs for additional guidance.
Immediate Guidance for Affected Employees
Review and Act
Confirm your probationary end date. If you are a terminated probationary employee, and your probationary period was scheduled to end between your February 14 termination action and the present, we suggest that you:
-
Submit a ticket to OHR if you still have logistical access
-
Send an email to Thomas Nagy (thomas.nagy@hhs.gov), OHR-General-Inquiries@hhs.gov, hrcs@cdc.gov.
-
Let them know that you completed your probationary period (include the date), and that you are requesting a correction to your record and reinstatement if you have been removed from active status. Include your supervisor/manager
Please check your inbox. You should have received an email titled “OHR Separation Package READ THIS EMAIL IMMEDIATELY.” This message includes critical separation documents, including your SF-50.
-
If your SF-50 lists “Legal Authority: Reg. 315.804” as the basis for your termination, this may conflict with the court order issued by Judge Alsup, which required agencies to clarify that terminations were part of a mass government-wide reduction, not due to individual performance.
-
Forward a copy of this SF-50 immediately to union representatives at probationary@afge2883ga.org so it can be reviewed for legal accuracy.
If you have not yet received your termination paperwork, email hrcs@cdc.gov with your name and termination date. Be sure to copy your supervisor and union contacts (probationary@afge2883ga.org) on the message to ensure documentation and follow-up.
Timely action is essential to preserve your rights and ensure your personnel records are accurate.
Employment & Documentation Issues
Many probationary employees have received official separation notices, but still await key documents like SF-50s, SF-2810 (insurance), and COBRA notifications.
-
Review your separation documents and email CDC HR (hrcs@cdc.gov) and copy union reps (probationary@afge2883ga.org) to document inconsistencies or delays.
-
Request and review your SF-50 to ensure that your reason for termination was updated to reflect it was not due to poor performance.
MSPB Appeals
If you would like to join the MPSB class appeal that has been filed, you can still submit an individual appeal, however lawyers have also advised to wait until a final decision is made on whether the class appeal will be allowed to proceed. If the class appeal is denied, you will have 30 days from the decision to continue filing an individual appeal.
-
A coalition of law firms is pursuing class appeals on behalf of terminated probationary employees in MSPB.
-
The HHS class appeal has been filed and is currently awaiting a decision on class certification (whether the case will be allowed to proceed). They are expecting a decision in the next coming weeks. You can follow along for updates on the Federal Workers Rights blog and also on the Fired But Fighting webpage.
If you have already filed an individual appeal to MSPB, you should still be able to join the MSPB class appeal if approved. More guidance to follow should it move forward.
-
Make sure to update your appeal with any new relevant information you have received. Any errors and procedural violations should be documented and included in your submission.
Benefits
Understanding the process of separating from federal employment can be complex. Begin by reviewing AFGE’s separation guidance, which serves as a starting point. To further assist, consider the following suggestions below.
Unemployment:
-
Apply for unemployment as soon as possible. Each state has its own procedures and eligibility criteria, so please review the guidelines applicable to your location.
Additional assistance:
-
Explore eligibility for other assistance programs such as SNAP. These programs can provide crucial support during the transitional period. Investigate and apply for these benefits as quickly as possible, keeping in mind that requirements and processes vary by state.
Health benefits:
-
Use remaining health insurance benefits immediately before they expire. Schedule necessary appointments and procedures to maximize your coverage while it remains active.
-
Investigate health coverage options after separation. The Consolidated Omnibus Budget Reconciliation Act (COBRA) allows for the temporary continuation of employer-sponsored health insurance. Evaluate whether COBRA is a feasible option for you, considering the associated costs and your financial situation. If COBRA is unaffordable, research alternative health insurance options through the Health Insurance Marketplace or other providers.
Probationary Employee Legal Challenges
Two major legal cases concerning the termination of probationary federal employees are still ongoing: AFGE, AFL-CIO v. United States Office of Personnel Management (currently in the U.S. District Court for the Northern District of California) and State of Maryland v. U.S. Department of Agriculture (filed in the District of Maryland).
AFGE, AFL-CIO v. United States Office of Personnel Management
The AFGE case challenges the legality of the mass dismissal of probationary employees across federal agencies, alleging that the terminations violated due process and were improperly executed under a coordinated federal directive. The case is being closely watched for its potential impact on reinstatement rights, especially for union members. Although the Supreme Court has issued a stay allowing terminations to proceed for now, the underlying legal questions remain active.
State of Maryland v. U.S. Department of Agriculture
The Maryland case, led by a coalition of 20 Democratic attorneys general, similarly argues that the terminations violated federal laws governing reductions in force (RIFs) by bypassing required procedures such as notice, seniority considerations, and due process. Though a district court initially ordered agencies to reinstate employees, the Fourth Circuit Court of Appeals stayed that decision pending further review.
Updates
AFGE National is directly involved in the California case and will continue providing formal updates. You can also track developments in both cases on the Fired But Fighting webpage, which consolidates updates, resources, and legal guidance for affected federal workers.
The fight is not over. Stay informed, document everything, and don’t go through this alone. Connect, organize, and advocate.