Q & A Session – Furlough Class Action Lawsuit?

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

Considering federal employees, can we file a class action lawsuit regarding the “furlough”?

A:

No. The government has the statutory right to furlough federal employees. Each agency has broad discretion to determine how to carry out furloughs, providing they do not discriminate against employees. Once you are furloughed, the Merit System Protection Board might consider whether to handle furlough appeals as a class action.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

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