Issue 2

Written By Sarah Boim

Welcome to the second issue of Fired But Fighting, a newsletter for terminated probationary CDC employees. Read on for judicial and advocacy updates, links to media coverage, calls to action, tips, and resources. When you signed up, you had an opportunity to ask burning questions. We continue to work to address those questions in upcoming issues of this newsletter.

 Performance Award Selection

At this time it is unclear if terminated probationary employees will receive a performance award for their 2024 PMAS. Some probationary folks have received calls from their supervisors or HRO to make their award selections, but others have not. Please see below for more information. 

According to the email sent by the Agency to staff, CDC/ATSDR will be offering the following 2024 performance awards to recognize performance contributions:

  • Achieved Outstanding Results (AO): 3% of total salary cash award 

  • Achieved More than Expected Results (AM): 1.6% of total salary cash award

  • Achieved Expected Results (AE): 12 hours of time off 

The email also notes that performance awards are based on your salary, including applicable locality pay as of December 31, 2024. 

For fired probationary folks, it is unclear if/when these awards will be given out. Since fired employees don’t have access to the CDC intranet during this election period, we suggest you send an email to your supervisor/division’s personnel team or contact HRO to have your award election made on your behalf. It has not been officially confirmed, but the expectation is that, if no selection is made, the cash option will be sent to those on administrative leave.

Latest Judicial Updates

Maryland case: On March 26, Judge Bredar extended the temporary restraining order (TRO) by five days. The extension followed a hearing in which the 20 state attorneys general who are party to the lawsuit requested a preliminary injunction that would rescind the termination of federal employees. The states claim that an undue burden has been placed on them to provide emergency relief services as a result of the mass terminations that did not follow proper RIF procedures. 

Judge Bredar seems likely to reinstate terminated employees, but the scope of his action is still in question. He may reinstate all terminated employees nationwide, or only those who live or work in the states that are party to the lawsuit (Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Rhode Island, Vermont, and Wisconsin). Georgia is not a party to the lawsuit. 

Judge Bredar’s ruling on the preliminary injunction to reinstate terminated employees is expected in the next five days. 

California case: On March 24, the Trump administration appealed Judge Alsup’s ruling in the California case to the Supreme Court. Judge Alsup ruled in favor of federal workers’ unions that OPM had unlawfully terminated employees and the judge ordered that employees be reinstated. Our latest understanding of this case is that HHS is named in the lawsuit, but NOT part of the temporary injunction (reinstatement) that was issued for six government departments - Veterans Affairs, Energy, Agriculture, Interior, Energy, Treasury, and Defense. It’s possible the scope of the injunction could be expanded in the future. 

Reduction in Force Updates

An announcement by RFK is expected today (Thursday) on workforce cuts at HHS. According to a letter sent from HHS to the union, the RIF is expected to affect 8,000 to 10,000 employees across all HHS agencies.  It will target administrative roles, roles in “high cost” regions, and employees in programmatic areas determined “redundant.” Other details are all speculative at this point. Some of the latest media coverage is below: 

Legislative Updates 

Susan Monarez, CDC’s current Acting Director, has been nominated to take over as Director. She was previously the Deputy Director of the Advanced Research Projects Agency for Health.

Some members of the Senate have introduced a bill, “The Public Health Improvement Act,” to restructure CDC and NIH. It places term limits on leaders and moves many programs not related to communicable diseases to NIH, including NCBDDD, NCCDPHP, NCEH, ATSDR, NCHS, NCHHSTP, and NCIPC. Read the full text of the bill here. 

James & Hoffman Update

We contacted James & Hoffman to get an update on the class action suit on behalf of terminated probationary employees. They said the best place to look for answers to FAQs is their website, as they share updates more regularly there than via email. They also provided the following information:

  • Who is Covered?

    • In each class action, we have asked the MSPB to let us enforce the rights of all employees at each agency who were terminated for being in their probationary or trial period. If you fall into this category, this class appeal is relevant to you.

    • You do not need to be a named plaintiff to benefit from our class action. Further, you do not need to be a client of our law firm to benefit from the class action. If the class action is successful, all members of the class (named and unnamed) can benefit.

    • At this time, employees do not need to do anything to be covered by these appeals. 

  • Next Steps for Class Action Suit:

    • James & Hoffman has filed 20 class actions on behalf of workers at 20 agencies, including HHS. Two weeks ago, we began receiving scheduling orders from the judges in our cases, which will be about the schedule for class certification. As of March 23, we have not yet gotten a schedule for the HHS case, but we anticipate getting one soon.

  • What if I want to raise my own claims?

    • If employees wish to raise claims other than failure to RIF procedures, they should consider separate legal action. Generally, when a federal employee files a complaint or appeal involving their termination, they may be precluded from pursuing other legal options. We encourage employees to seek advice from an independent lawyer regarding their individual circumstances and options, especially as many of you have likely been reinstated pursuant to a temporary court order.

  • Things to know about MSPB:

    • Generally, under MSPB rules, the 30-day deadline for individual appeals is put on hold for members of a proposed class while a judge decides whether a case can proceed as a class action. (See 5 CFR 1201.27.)

    • Generally speaking, the 30-day clock should be paused on the day that a class action for your agency was filed. If the MSPB does not allow a case to proceed on a class-wide basis, workers typically can file an individual appeal. You would likely have at least 30 days.

Events

🍻March 30: “Don’t Get Too Forked-Up” (Un)Happy Hour—Spend some time with other folks who really get it on Sunday, March 30 at 3:00 at Tucker Brewing Company: 2003 South Bibb Drive Tucker, Georgia 30084. This event is open to current and former CDC employees. 

April 1: Support Rally—Join the recurring rally in support of CDC employees from 4:30 to 5:15 ET. 

April 5: Hands Off! Georgia Fights Back—On Saturday, April 5th, we're taking to the streets to fight back with a clear message: Hands off! Gather at Piedmont Park at 12:30, begin marching at 1:00, and rally at the Capitol at 2:30.

Calls to Action

Join the New LinkedIn Job Board—Yesterday, we launched a new LinkedIn job board for former CDC employees. Dr. Cohen and other high-profile people and organizations are helping to reach potential employers. Make sure you join the group and share the link with others. If you have trouble finding the group, search for Opportunities for Former CDC Staff.

BU 7777 Employees—Sign the petition to join the union! The Federal Labor Relations Authority (FLRA) has approved the inclusion of remote employees (coded as 7777 OR incorrectly coded as 8888) who are in job series’ that are already in the Bargaining Unit (BU). We have to keep pushing to get everyone covered.

Call for NPR Interview Volunteers—NPR is working to report on the personal impacts of the recent CDC firings, specifically, any personal impacts on student loan forgiveness, healthcare, and what you plan to do next job-wise. NPR is also interested in understanding the impacts of recent cuts on data collection, with particular interest in NCHS-related data collection and interpretation. Reach out to the user, Abby  T(CDC/NCIPC) on Signal for more information.

Call for NBC Nightly News Interview Volunteers—If you’re interested in sharing how you’ve been impacted by HHS firings and layoffs, consider reaching out to NBC Executive Editor, Lauren Dunn, at Lauren.Dunn@nbcuni.com.

Demand HR Host a Town Hall—We have lots of questions and very few answers. We’re calling on you to submit a ticket to HR requesting a town hall. Call 770-488-1725 or email HRCS@cdc.go. Consider framing your request using this template. 

HHS Impacts Survey: A team of former HHS employees from the Biden/Harris Administration are collecting firsthand information about the impacts of cuts to HHS agencies, including mass firings and actions that push people out of public service, and pay stoppages to contractors and grantees. The goal is to document the impacts of these cuts to HHS programs and the American people. The survey is end-to-end encrypted. Learn more and complete the survey here.

National Public Health Week - National Public Health Week is April 7-13, 2025. In honor of this week, we’re aiming to tell the public and our representatives why public health work is vital and worthwhile. If you are interested in sharing about the important work you were doing at CDC, as a way to honor this week, please reach out to the user, Abby  T(CDC/NCIPC) on Signal for more information.

Media links for sharing with your network

Resources 

Quick Tip: 

  • Many individuals have submitted questions about health insurance coverage, equipment return, the logistics of rejoining federal services later, and the impact of the “poor performance” language in their probationary termination letters. While we cannot answer many of these questions, please consider describing these concerns in your Town Hall request to HR. 

  • If you or your partner is pregnant, contact your OB if you intend to breastfeed and need a breast pump. Most insurance will cover the cost of a pump, but your OB must write you a prescription for it. Given our uncertainty around healthcare coverage, consider asking your OB if they can ensure you get your pump before potentially losing coverage. 

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On behalf of the Leadership Board

Fired But Fighting
A Coalition of Fired CDC Staff and Allies
www.firedbutfighting.com
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Sarah Boim https://www.smallsitesbysarah.com
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