AFGE Sues EPA Over Discipline of 139 Employees Who Signed a Dissent Letter
An AFGE lawsuit against EPA alleges that 139 employees were disciplined for signing a dissent letter that EPA's own ethics office acknowledged was protected speech. The complaint, AFGE Local 3428 v. Zeldin, No. 1:26-cv-14436 (D. Mass.), was filed September 29 by AFGE Local 3428 and AFGE Council 238. Here is what the 26-page complaint alleges and what it means for federal employees.
The Timeline at the Center of the Case
In June 2025, EPA employees sent a dissent letter to Administrator Lee Zeldin and to Congress. Zeldin responded on Fox Business, saying there would be "zero tolerance for any agency employees trying to undercut President Trump."
Discipline did not follow right away. According to the union, the delay was because its contract was still in place; the complaint says EPA continued to honor the contract for more than four months after the executive order.
Then, on August 8, 2025, EPA terminated the contract without warning, effective immediately. The stated reason was national security, applied to a workforce that includes biologists and chemists. The complaint alleges EPA offered no facts to support that rationale. After the contract ended, at least 16 employees were fired and 119 were suspended for two weeks without pay.
Why the Two-Week Suspensions Matter
An EPA FAQ told employees they had "no entitlement to a union representative" in disciplinary meetings, and that their only recourse was an appeal within EPA. That matters because suspensions of 14 days or less generally cannot be appealed to the Merit Systems Protection Board. Without a contract and its grievance procedure, those employees were left with fewer options outside the agency.
The Legal Strategy: Not a Challenge to the Executive Order
Notably, the lawsuit does not challenge the President's executive order. Instead, it argues two things:
- Administrative Procedure Act: Even assuming the executive order is lawful, EPA still had to give a reasoned explanation for ending the contract, and the union alleges it did not.
- First Amendment: The government cannot terminate a contract as a way to punish protected speech.
These are allegations. EPA will have the opportunity to respond, and a judge will decide.
The Practical Takeaway
If you have gone quiet at work, you are not being paranoid. But contract or no contract, most federal employees can still respond to a proposed suspension or removal, and can do so with a representative. Document everything: dates, who said what, and copies of any notices you receive. Keep your notes somewhere private, outside of government systems.
If you are at EPA and your situation is sensitive, consider speaking privately with counsel rather than posting publicly. Southworth PC represents federal employees nationwide, and your service is worth protecting.
Legal Disclaimer: This content is for general informational purposes only and does not constitute legal advice. Federal employment situations are fact-specific and time-sensitive. Please consult a qualified federal employment attorney about your specific situation.