Written Statement to USDA Probationary Employees

In compliance with an order from the Northern District of California, the following written statement was sent to USDA probationary employees terminated as part of a 2025 government-wide mass termination.

This letter is being provided in accordance with the preliminary injunction issued by the Northern District of California in American Federation of Government Employees v. U.S. Office of Personnel Management, No. 3:25-cv-1780 WHA (N.D. Cal.).

On April 18, 2025, U.S. District Judge William Alsup of the Northern District of California required the U.S. Department of Agriculture (USDA) to provide you with "a written statement, directed to the employee individually, stating that your termination was not 'performance' or fitness based but was made as part of a government-wide mass termination."

USDA is appealing the Court's April 18, 2025, Order and believes it to be both legally and factually erroneous. Nonetheless, USDA must comply with the Order unless and until it is stayed or reversed by an appellate court.

In accordance with the Court's April 18, 2025, Order, USDA hereby informs you, [name] as required by the Court, that your earlier termination was not performance or fitness based but was made as part of a government-wide mass termination. Please refer to the following USDA website for updates regarding the status and litigation of probationary employees: USDA Status Update on Probationary Employees.

This letter (i) is to be implemented consistent with applicable law, and (ii) shall not serve as any basis for liability against USDA or any other agency or instrumentality of the Federal government, before any court or in any administrative proceeding. USDA reserves all rights.


Regards,

Office of the Assistant Secretary for Administration
U.S. Department of Agriculture