{"id":425558,"date":"2025-12-05T03:28:12","date_gmt":"2025-12-05T03:28:12","guid":{"rendered":"https:\/\/www.europesays.com\/us\/425558\/"},"modified":"2025-12-05T03:28:12","modified_gmt":"2025-12-05T03:28:12","slug":"federal-judge-blocks-imminent-state-dept-layoffs-as-unions-seek-to-reverse-rifs-at-other-agencies","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/us\/425558\/","title":{"rendered":"Federal judge blocks imminent State Dept layoffs, as unions seek to reverse RIFs at other agencies"},"content":{"rendered":"<p>Update: This story was updated at 7:30 p.m. Eastern on Dec. 4, 2025, after a federal judge granted the unions\u2019 request for a temporary restraining order.\u00a0\u00a0<\/p>\n<p>A federal judge in San Francisco is temporarily blocking the State Department from finalizing hundreds of employee layoffs.<\/p>\n<p>Judge Susan Illston <a href=\"https:\/\/ecf.cand.uscourts.gov\/doc1\/035026507673?caseid=457131\" target=\"_blank\" rel=\"noopener\">approved a temporary restraining order<\/a> on Thursday, preventing the department from officially terminating more than 200 employees, most of them Foreign Service officers.<\/p>\n<p>Separately, federal employee unions are asking the U.S. District Court for the Northern District of California to reverse more layoffs than agencies have allowed under a spending deal that ended the recent government shutdown.<\/p>\n<p>The American Federation of Government Employees and the American Foreign Service Association filed the emergency request for a temporary restraining order to bar the \u201cimminent and unlawful execution\u201d of reduction in force notices the State Department sent this summer.<\/p>\n<p>]]><\/p>\n<p>\u201cThe severe threats to the public presented by the imminent State Department actions necessitate a temporary pause to protect the status quo for plaintiffs and the employees they represent who are adversely impacted by these imminent separations,\u201d the emergency request states.<\/p>\n<p>The emergency request is part of an ongoing lawsuit that unions filed on the eve of the government shutdown, which blocked the Trump administration from conducting widespread layoffs during a lapse in congressional funds.<\/p>\n<p>The <a href=\"https:\/\/storage.courtlistener.com\/recap\/gov.uscourts.cand.457131\/gov.uscourts.cand.457131.121.1.pdf\" target=\"_blank\" rel=\"noopener\">amended lawsuit<\/a> states that several agencies, including the State Department, aren\u2019t fully adhering to a provision in the shutdown-ending spending bill that temporarily blocked the Trump administration from carrying out layoffs.<\/p>\n<p>The nonprofit Democracy Forward, which is also part of the lawsuit, said the amended lawsuit seeks to reverse \u201cother unlawful RIF actions\u201d at the Small Business Administration and the General Services Administration, as well as the departments of Education and Defense.<\/p>\n<p>\u201cThose RIFs would violate the federal legislation that ended the federal government shutdown, which prohibits implementation of any RIFs through January 30,\u201d the amended complaint states.<\/p>\n<p>The <a href=\"https:\/\/www.appropriations.senate.gov\/imo\/media\/doc\/continuing_appropriations_act_2026_bill_text.pdf\" target=\"_blank\" rel=\"noopener\">continuing resolution<\/a> Congress passed on Nov. 12 states that \u201cany reduction in force proposed, noticed, initiated, executed, implemented, or otherwise taken by an executive agency between October 1, 2025, and the date of enactment, shall have no force or effect.\u201d<\/p>\n<p>It also states that between Nov. 12, 2025 and Jan. 30, 2026, \u201cno federal funds may be used to initiate, carry out, implement, or otherwise notice a reduction in force to reduce the number of employees within any department.\u201d<\/p>\n<p>]]><\/p>\n<p>Agencies, however, have followed a narrower interpretation of the stopgap spending bill, and have only reinstated federal employees who received RIF notices between Oct. 1 and Nov. 12. The amended lawsuit states that interpretation of the continuing resolution \u201cis significantly under-inclusive.\u201d<\/p>\n<p>Agencies recently told a federal court that they <a href=\"https:\/\/federalnewsnetwork.com\/federal-report\/2025\/11\/more-than-3600-feds-get-notice-their-shutdown-rifs-are-rescinded\/\" target=\"_blank\" rel=\"noopener\">rescinded shutdown-era RIF notices for more than 3,600 employees.<\/a><\/p>\n<p>The State Department sent RIF notices to nearly 1,350 employees in July. Most of those employees were officially separated from the agency in September.<\/p>\n<p>But this Friday, Dec. 5, the department plans to officially remove nearly 250 Foreign Service employees and several civil service employees whose separation dates were postponed, because they recently gave birth or faced medical issues.<\/p>\n<p>The State Department claims that the continuing resolution\u2019s layoff protections only apply to RIF notices that went out after Oct. 1.<\/p>\n<p>\u201cDefendants are wrong,\u201d the amended complaint states. \u201cThe plain language of the continuing resolution prohibits any actions implementing any RIFs of any employees at any agency between November 12, 2025 and January 30, 2026, and requires recission of any previously issued RIF notices (regardless of when they were issued) if the RIFs were implemented during the shutdown.\u201d<\/p>\n<p>The amended lawsuit also takes issue with how the State Department modified the official separation date for impacted employees.<\/p>\n<p>Foreign Service employees were originally told they would be separated from the agency on Nov. 10,\u00a0 when the agency was still affected by the government shutdown. But on that date, employees received a notice from the department\u2019s human resources offices that said they would remain on administrative leave so the agency could correct \u201cadministrative errors.\u201d<\/p>\n<p>On Monday evening, employees received a notice that said they will be officially separated from the State Department this Friday.<\/p>\n<p>]]><\/p>\n<p>\u201cThe RIF notices were not reissued, and employees received nothing further from the State Department regarding the now-expired RIF notices until December 1, 2025,\u201d the amended lawsuit states.<\/p>\n<p>The State Department\u2019s notice to employees cites \u201cformal written guidance\u201d from the Office of Management and Budget and the Justice Department\u2019s Office of Legal Counsel regarding RIFs that had been issued prior to the shutdown, but further implemented during or after the shutdown. The unions leading the lawsuit say that formal written guidance hasn\u2019t been made publicly available.<\/p>\n<p>\u201cDuring the shutdown, the State Department continued to implement the stages of these RIFs in preparation for final separation of the employees, including by processing personnel paperwork in advance of the planned separations,\u201d the amended complaint states.<\/p>\n<p>The unions claim that without a temporary restraining order, State Department employees and their families will suffer \u201cirreparable harm,\u201d including a loss of income and health insurance benefits.<\/p>\n<p>\u201cFor many of these employees, the imminent loss of employment means a sustained loss of income and benefits in a job market already flooded with unemployed former State Department and USAID employees,\u201d the amended complaint states.<\/p>\n<p>AFGE National President Everett Kelley said in a statement that \u201cCongress clearly stated that no federal employees should lose their jobs due to a reduction-in-force for the duration of the continuing resolution.\u201d<\/p>\n<p>\u201cThis means that no RIF should be issued or acted upon, and any RIF terminations that occurred during the shutdown must be reversed,\u201d Kelley said.<\/p>\n<p>AFSA President John Dinkelman said in a statement that these \u201cunlawful separations reveal a callous indifference to the rule of law and the people who carry out America\u2019s diplomatic mission every day.\u201d<\/p>\n<p><strong>If you would like to contact this reporter about recent changes in the federal government, please email\u00a0<\/strong><a href=\"https:\/\/federalnewsnetwork.com\/workforce\/2025\/12\/unions-file-emergency-request-with-court-to-block-state-dept-layoffs-reverse-rifs-at-other-agencies\/mailto:jheckman@federalnewsnetwork.com\" target=\"_blank\" rel=\"noopener\"><strong>jheckman@federalnewsnetwork.com<\/strong><\/a><strong>, or reach out on Signal at jheckman.29<\/strong><\/p>\n<p class=\"article-copyright\">Copyright<br \/>\n                            \u00a9\u00a02025 Federal News Network. All rights reserved. This website is not intended for users located within the European Economic Area.\n                    <\/p>\n","protected":false},"excerpt":{"rendered":"Update: This story was updated at 7:30 p.m. Eastern on Dec. 4, 2025, after a federal judge granted&hellip;\n","protected":false},"author":3,"featured_media":425559,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[79344,42477,51,50,26754,42478,155165,52],"class_list":{"0":"post-425558","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-news","8":"tag-american-federation-of-government-employees","9":"tag-american-foreign-service-association","10":"tag-headlines","11":"tag-news","12":"tag-reduction-in-force","13":"tag-state-department","14":"tag-susan-illston","15":"tag-top-stories"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@us\/115664840630917882","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/425558","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/comments?post=425558"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/posts\/425558\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media\/425559"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/media?parent=425558"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/categories?post=425558"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/us\/wp-json\/wp\/v2\/tags?post=425558"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}