House Democrats Investigate Potential Layoff Plans Amid Looming Government Shutdown

As federal employees grapple with the uncertainty of layoffs amid a partial government shutdown, House Democrats are demanding clarity from the Trump administration on layoffs plans.

The Oversight and Government Reform Committee has launched an investigation into potential reductions in force (RIFs), questioning their legality. They argue that layoffs during a government shutdown violate federal regulations. In a recent set of letters sent to 24 agency leaders, they assert that conducting RIFs would breach the Antideficiency Act, which prohibits agencies from spending unappropriated funds.

The Democrats emphasize that obligating the government to make severance payments during this period constitutes a violation. They urged agencies to disclose any layoffs planned or in discussion, stressing that a shutdown doesn’t grant the administration the freedom to disregard the law.

Federal regulations typically require 60 days’ notice before any job cuts can occur. This process involves assessing employee tenure, veterans’ preference, and performance. The lawmakers pointed out that none of these procedural steps can be deemed emergency actions necessary for public safety or property protection.

Before the shutdown, the Office of Personnel Management (OPM) advised agencies that RIF-related activities could be considered “excepted.” This guidance allowed agencies to plan layoffs during the funding lapse, raising concerns over its legality.

The Democrats criticized the administration for not taking the federal budget process seriously, particularly how it affects the rights of federal workers. Meanwhile, federal unions are stepping in. They are taking legal action against the Trump administration, saying its layoffs during a shutdown breach federal law. Their lawyers are pushing for a preliminary injunction to halt any potential layoffs while the case is under review.

What’s more, the potential layoffs could endanger compliance with the Government Employee Fair Treatment Act, which aims to ensure federal workers receive back pay and return to work after a shutdown. The Democrats argue that pursuing permanent layoffs contradicts this intent.

The lawmakers also want detailed accounts regarding agencies’ communications during the shutdown. Some agencies blamed the “Radical Left” for the shutdown on their websites. Critics argue that this could violate federal laws like the Hatch Act, which restricts political activities among federal employees.

In one instance, furloughed employees at the Education Department found their out-of-office messages edited to reflect similar rhetoric without consent. This has led to a lawsuit by federal unions, claiming violation of employees’ First Amendment rights.

As the investigation continues, Democratic lawmakers have given agency leaders two weeks to respond to their inquiries about adherence to federal regulations regarding potential layoffs during the shutdown.

For a deeper dive into the rules surrounding government shutdowns and RIFs, you can refer to the comprehensive overview by the U.S. Office of Personnel Management for updates on federal employee rights and regulations.

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