AFGE v. OPM (Probationary employees 2)
Case Overview
The government appealed Judge Alsup's preliminary injunction requiring 6 executive agencies to reinstate illegally fired probationary employees.
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The Application
Judge Alsup found that the probationary employees likely had protected interests in continued employment and that six agencies failed to provide constitutionally required notice-and-opportunity-to-respond procedures before terminating them. The balance of equities favored maintaining the status quo through reinstatement pending resolution of the underlying claims.
The Conclusion
The district court granted the preliminary injunction requiring the six agencies to reinstate the terminated probationary employees. The government appealed to the Ninth Circuit, and the case remains active on appeal.
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