Court Filings Seek Full Injunction to Halt Shutdown RIFs
administrative procedure act federal employment mspb appeals preliminary injunction shutdown rifs Oct 23, 2025Federal employees, the plaintiffs in the shutdown-RIF lawsuit are now asking the court to extend its temporary restraining order (TRO) into a Preliminary Injunction—a longer-term safeguard that would last through the case. Their motion also requests that all October 10 RIF notices be rescinded, that agencies send official rescission letters to affected workers, and that sworn compliance reports be filed to prove adherence, not just promise it.
Why the Legal Foundation Matters
The plaintiffs’ first argument goes to the core premise: a lapse in appropriations does not erase an agency’s statutory authority to employ its workforce. Agencies cannot treat a shutdown as legal license for mass layoffs. If the initial legal assumption was flawed, every action built on it violates the Administrative Procedure Act (APA)—which forbids agency decisions that lack lawful grounding.
Evidence of “Arbitrary and Capricious” Action
The motion next points to chaotic decision-making across agencies: rushed notices, inconsistent criteria, and hints of political influence over which programs were targeted. Under the APA, that pattern shows “arbitrary and capricious” action—government conduct taken without reasoned, evidence-based analysis.
Compliance Problems and Structured Remedies
Even after the TRO, plaintiffs say the government struggled to comply. Some agencies allegedly let RIF clocks keep running or withheld information about which programs, projects, and activities (PPAs) were covered. The motion therefore asks the judge to require:
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A quick accounting of any RIFs issued or drafted since October 1
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A standardized rescission letter for each affected employee
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Sworn declarations verifying that those letters were delivered
The Legal Tools: Section 705 and the Balance of Equities
The filing cites 5 U.S.C. § 705, allowing courts to “stay” agency actions to preserve the status quo—in this case, the federal workforce as it stood before shutdown-based RIFs began. Plaintiffs argue the harm is irreparable: beyond lost pay, workers risk gaps in health insurance, delayed retirements, and career setbacks that money alone cannot fix. Maintaining the pre-shutdown status, they say, does not harm the government and aligns with the public interest in lawful, stable administration.
Who Is Protected—and What That Means Day to Day
Judge Illston’s order now extends protection to NTEU, IFPTE, and AFT, alongside AFGE, AFSCME, NFFE, SEIU, and NAGE. Coverage follows each PPA where these unions have members, even in units the government recently attempted to de-recognize. Practically speaking:
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No new shutdown-driven RIFs may be issued in covered PPAs.
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No steps may be taken to implement the October 10 notices.
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Notice clocks are tolled—paused in full.
If you received an October notice, it should not be counting down. If your area is covered, no new shutdown RIF should be issued. Document any inconsistencies and share them with your steward or counsel.
The Road Ahead
In short, the plaintiffs ask the court to turn pause into protection—to convert a temporary halt into a verifiable safeguard. For federal employees, the coming weeks will determine whether these RIFs remain frozen or are permanently withdrawn.
Legal Disclaimer: The information provided in this article is for informational purposes only and should not be construed as legal advice. While I am a federal employment attorney, this post does not create an attorney-client relationship. Every situation is unique, and legal outcomes depend on specific facts and circumstances.
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