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The battle brewing over California workers' unique right to sue their bosses

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The battle brewing over California workers' unique right to sue their bosses

California workers who believe they have been victims of wage theft or other workplace abuses have for more than two decades relied on a unique state law that lets them sue employers not only for themselves but also for other workers.

Now a battle is shaping up over the law, known as the Private Attorneys General Act, or PAGA. An initiative seeking to replace PAGA will appear on the ballot in California in November, the culmination of long-standing efforts by corporate and industry groups to undo the law.

Two reports released last week offer dueling narratives about whether PAGA helps or hurts workers — marking the opening of a potentially expensive fight over the landmark law that relatively few know about.

Labor researchers say that the ballot measure, if approved, would harm employees, particularly people with low-wage jobs, by taking away their ability to file what are essentially class-action suits against employers that allege labor law violations. The ballot measure also would weaken the state’s already strained system for enforcing workplace laws, the researchers say.

But the business coalition backing the ballot initiative, called the Fair Play and Employer Accountability Act, counters that the labor law has resulted in a proliferation of lawsuits that small businesses and nonprofits have little ability to fight. Workers end up getting less money after a long legal process than if they had filed complaints through state agencies, the initiative’s proponents say.

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Worker advocates have long complained that chronic understaffing at state agencies responsible for investigating employee complaints means that allegations about wage theft and other violations can take years to be resolved. So workers turn to the courts.

Luz Perez Bautista and her mother, Maria de la Luz Bautista-Perez, were among three named plaintiffs who sued Juul Labs Inc. in federal court in 2020 for allegedly misclassifying some 450 campaign staffers working on a ballot measure the company was promoting to allow the sale of electronic cigarettes in San Francisco. The workers were all classified as independent contractors rather than employees, which saddled them with expenses that employees wouldn’t have to pay.

Juul was sued in 2020 by three workers, who alleged they were misclassified as independent contractors rather than employees, using a California law that allows employees to sue companies on behalf of other workers.

(Ted Shaffrey / Associated Press)

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Workers were made to travel long distances between campaign offices without pay, were not given lunch breaks and were terminated abruptly, Perez Bautista said, speaking at a news conference last week to unveil a report by the UCLA Labor Center as well as researchers at advocacy groups PowerSwitch Action, and the Center for Popular Democracy.

Because the workers had signed arbitration agreements, without PAGA they would not have had the legal standing to take Juul and the nonprofit it created for the campaign to court. Through their PAGA claim workers secured a $1.75-million settlement.

“It is important for other workers to see that … you can hold your boss accountable,” Bautista-Perez said at the news conference.

The report argues broadly that eliminating workers’ ability to pursue private lawsuits would leave them more vulnerable to having their wages stolen by employers and other abuses of their rights.

PAGA plays a “vital role” in bringing bad actors into compliance, said Tia Koonse, legal and policy research manager at the UCLA Labor Center.

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Koonse and other authors of the report said the ballot initiative is disingenuously framed as a push to reform PAGA and bolster other enforcement mechanisms.

“By cloaking policies that hurt workers in language that says they’re helping workers, corporations are making it sound like what is down is up,” said Minsu Longiaru, senior staff attorney for PowerSwitch Action.

Other mechanisms to enforce California labor laws are insufficient on their own, including wage claims and whistleblower complaints investigated by state agencies, the report argues, because the sheer number of labor violations dwarfs the state’s capacity to enforce them.

Each year, the $40 million recovered in approximately 30,000 wage claims filed with the state labor commissioner represents roughly 2% of the estimated $2 billion California workers lose to wage theft, according to the report.

An analysis of California Labor & Workforce Development Agency data by the report’s authors found that 91% of PAGA claims allege wage theft, primarily overtime violations and failure to pay for all hours worked, although some involved violations of earned sick leave rights. Other forms of wage theft include paying workers less than minimum wage, denying workers meal breaks or rest periods and requiring employees to finish tasks before or after their shifts.

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The initiative at the center of discussion, the Fair Play and Employer Accountability Act, got the green light to be placed on the November 2024 ballot almost two years ago.

It proposes to remove the law’s powerful private right of action, which empowers workers to file lawsuits against their employers, suing for both back wages and civil penalties on behalf of themselves, other employees and the state of California. Official language for the measure states it would eliminate “employees’ ability to file lawsuits for monetary penalties for state labor law violations.”

Backers emphasize it also offers replacement provisions that would bolster state agency enforcement of workplace rules.

Replacement provisions include doubling penalties for employers “willfully” violating labor law, requiring 100% of monetary penalties to be awarded to harmed employees (rather than the current division of 25% to the employee and 75% to the state of California), and requiring that the state provide employers with resources to help with coming into compliance.

“Today’s PAGA system is completely broken and does not work well for employees or employers,” said Jennifer Barrera, president of the California Chamber of Commerce, in announcing a report released last week by backers of the ballot initiative, called the Fix PAGA coalition.

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Barrera said that because one employee can sue on behalf of others, it allows lawyers to stack charges and extract high penalties from employers with few barriers because PAGA claims don’t require the same type of notification and certification of workers allegedly affected that a class-action suit would require.

“The statutory framework of PAGA is what creates the abuse,” she said in an interview.

Barry Jardini, executive director of the California Disability Services Assn., said that members of the trade group, many of which are nonprofits reliant on state or federal funding, are increasingly burdened by PAGA claims. He said 20 of some 85 members who responded to a recent survey said they dealt with PAGA claims in 2023.

Jardini said that disability service businesses have struggled to provide true “responsibility-free” 10-minute rest breaks in accordance with labor laws because often workers “can’t just walk away” from clients especially if they are out and about instead of at home. He said employers have looked for creative solutions, such as paying employees extra for working through breaks or tacking on breaks at the beginnings or ends of shifts rather than the middle, but these fixes aren’t legal substitutes for rest breaks workers are entitled to.

“We run into a bit of a legal rock and a hard place,” he said. “We do have a conflict with the law in terms of some of our services. Once that becomes known, it’s relatively easy for an attorney to try to solicit a client that works in this industry that is maybe ripe for PAGA claims.”

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The claims sap resources and lead to program closures because “providers with very thin margins are using up their reserves on settling these claims,” Jardini said. “Other times providers are unable to give wage increases to their staff. And at the end of the day it impacts people with disabilities.”

Some disagree that there is rampant of abuse of PAGA. UCLA Labor Center researchers published a report in February 2020 finding no evidence that PAGA unleashed a flood of frivolous litigation, as its detractors complain, and that it had demonstrably enhanced Labor Code compliance among employers.

In response to criticisms outlined by the recent UCLA Labor Center report, Kathy Fairbanks, a spokesperson for the coalition, pointed to findings in the coalition’s report, which argues that PAGA is too slow to resolve claims, leaves workers with little compensation, and enriches lawyers while saddling businesses with costly suits.

Fairbanks said that workers get about one-third of the compensation and that PAGA cases take twice as long compared with cases adjudicated by state agencies. That is because “lawyers take massive fees and are getting rich while workers get very little,” Fairbanks said.

Lorena Gonzalez Fletcher, head of the powerful California Labor Federation, agreed that PAGA is at times abused by “unscrupulous attorneys,” but said repealing the law is not a solution.

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“There’s massive wage theft that goes unaccounted for, and to take away this tool from the tool box would be damaging to workers and a gift for corporate America,” said Gonzalez, who formerly served as a state assembly member known for writing labor-friendly legislation.

If approved by voters, the ballot measure “would leave workers with dwindling opportunities to enforce labor law.”

Gonzalez said it is well understood that state labor agencies are subject to short staffing and ebbs and flows of political desire to take on major cases. Although it’s not ideal to have to rely on private attorneys to help enforce the law, PAGA provides an important avenue for enforcement, she said.

The initiative doesn’t mandate or otherwise clear the way for increased funding for enforcement agencies, Gonzalez said.

To suggest the business lobby, through the ballot initiative, is asking for changes that will actually improve labor law enforcement “doesn’t pass the smell test,” she said.

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Backers of the ballot initiative are open to working on a legislative compromise to avert a costly battle, spokesperson Fairbanks said. But any sort of deal would have to be reached before the end of June — the deadline to pull measures off the November ballot. The Fix PAGA coalition reports having banked some $15 million in campaign contributions so far.

Business groups have sought to shrink PAGA’s reach in state and federal courts with limited success in recent years.

In June 2022, the U.S. Supreme Court, considering the California case Viking River Cruises Inc. vs. Moriana, ruled that PAGA violated the rights of employers and that the claims of other employees would have to be dismissed because the employee sent to arbitration would no longer have standing to pursue that litigation.

But in a concurring opinion, it also affirmed that interpretation of PAGA was a matter of state, not federal, law and in effect kicked the matter back to California.

State appellate courts consistently have held that PAGA claims by workers cannot be forced into arbitration because they are brought as if the individual is operating on the state’s behalf.

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In July 2023, the California Supreme Court rejected an argument by Uber that sought to limit the ability of its drivers to take employment-related disputes to court, unanimously determining that a driver could not sign away the right to represent their peers in a lawsuit.

The decision didn’t end the debate, however, with other cases bouncing around the courts.

A federal appeals court, citing the Uber case, ruled Feb. 12 that a PAGA suit against Lowe’s Home Centers for allegedly underpaying workers who took sick leave could stand.

Judge William Fletcher wrote in the ruling that a state court “has the authority to correct a misinterpretation of that state’s law by a federal court,” including the U.S. Supreme Court.

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Help! I Couldn’t Take My Tall-Ship Voyage, and I Want My Money Back.

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Help! I Couldn’t Take My Tall-Ship Voyage, and I Want My Money Back.

Last summer, I booked a five-day sailing trip with Tall Ship Experience, a company based in Spain. For 1,350 euros, or $1,450, I would be a volunteer on the crew of the Atlantis, sailing between two ports in Italy. But eight days before, I had a bad fall that resulted in multiple injuries, including eight stitches to my face that doctors said I could not expose to sun or water. The Tall Ship Experience website clearly states that I could cancel for a full refund up to seven days before the trip. But the company revealed it was just an intermediary and the Dutch organization actually running the trip, Tallship Company, had different rules, under which I was refunded 10 percent. I offered to take credit for a future trip, to no avail. Finally, I disputed the charges with my credit card issuer, American Express. But Tall Ship Experience provided a completely different set of terms to Amex, saying I canceled one day in advance. The charges were reinstated. Can you help? Martha, Los Angeles

This story reads like a greatest-hits playlist of travel industry traps: a middleman shirking responsibility, terms and conditions run amok, a credit card chargeback gone wrong, and the maddening barriers to pursuing justice against a foreign company. However, the documentation you sent was so complete and the company’s website so confusing that I was sure Tall Ship Experience would quickly refund you.

Tallship Company did not respond to requests for comments, but did nothing wrong. It simply followed its own terms and conditions that Tall Ship Experience, as a middleman, should have made clear to you. When you canceled, Tallship Company sent back a 10 percent refund to Tall Ship Experience to then send to you.

That’s why I was surprised that the stubborn (though exceedingly polite) Tall Ship Experience spokeswoman who responded to me on behalf of the Seville-based organization argued repeatedly that although she regretted your disappointment, Tall Ship Experience was not at fault. At one point she suggested you should have purchased travel insurance, even as the company scrambled to adjust and update its website as we emailed.

Before the changes, the site contained two distinct and contradictory sets of terms and conditions: one for customers who purchased via the website’s English and French versions, and another on the Spanish version. (Confusingly, both documents were in Spanish.)

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The English/French version — the one you had seen — promised customers a full refund for trips canceled more than seven days in advance. The Spanish one is vastly more complex, offering distinct cancellation terms for each ship. The Atlantis offered customers in your situation only 10 percent back.

Enter the stubborn spokeswoman: “The terms and conditions in Spanish correctly reflected the cancellation policy of the ship in the moment the client made the reservation,” she wrote via email. “We are conscious that at the time, the English version of the terms was not updated, which may have generated confusion. However, the official terms of the reservation were applied correctly.”

In other words, customers should somehow know to ignore one contract and seek out another on a different part of the site, both in a language they may not read.

But I am no expert in Spanish consumer law, so I got in touch with two people who are: Marta Valls Sierra, head of the consumer rights practice at Marimón Abogados, a law firm based in Barcelona; and Fernando Peña López, a professor at the Universidade da Coruña in A Coruña.

They examined the documentation and each concluded independently that Tall Ship Experience had violated basic Spanish consumer statutes. When I passed along their convincing points to the spokeswoman and alerted her that you were considering taking the company to Spanish small-claims court, she finally said it would refund you the remaining €1,215.

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I felt a bit sheepish about exerting so much pressure on this small company — actually, an arm of the nonprofit Nao Victoria Foundation, which operates several replicas of historic ships — but the company should have taken much more care when it set up its website, Ms. Valls Sierra told me.

“If in your terms and conditions you say that up until seven days before departure you have the right to cancel,” she said in an interview, “and a consumer comes and says, ‘I want to cancel,’ you have to cancel their trip and return their money. They can’t use ‘Sorry, we forgot to put it on one web page, but we put it on another web page’ as an excuse.”

It is a principle of consumer law, she added, that confusing or contradictory contracts are interpreted in favor of the consumer.

The other troubling issue with the website is that you had no way of knowing that your trip was not operated by Tall Ship Experience. There was no such mention I could find on the website, which relies on marketing copy like this: “On board you will learn everything you need to know that will allow you to become one of our crew.”

Dr. Peña López, the law professor, wrote me in an email that “Tall Ship Experience is obligated to inform the consumer about the service it provides in an accessible and understandable manner, clearly indicating whether it is an intermediary.” He added that Tall Ship Experience “clearly” presented itself as the ship’s operator in this case.

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As I mentioned, Tall Ship Experience did begin updating its site almost as soon as I got in touch, calling itself a “marketplace” for experiences and posting the correct terms and conditions (in the correct languages) on its English and French pages.

But Tall Ship Experience agreed to a refund only after I sent the company a compilation of the two experts’ legal analyses. “We are dedicated to creating experiences aboard unique boats, and not to legal matters,” came the spokeswoman’s response. “Regardless of which party is correct in this case, we would like to refund the full amount. We look forward to putting this to rest and to focus on continuing to improve customer experiences.”

You also said that American Express had let you down, by taking the company’s word over yours when you contested the charge. It is true that the document Tall Ship Experience sent to Amex (which forwarded it to you, who forwarded it to me), is wildly inaccurate, including only the terms favorable to the company and saying you canceled only one day in advance.

A spokeswoman for American Express emailed me a statement saying that the company “takes into account both the card member and the merchant perspectives.” But travelers should not mistake credit card issuers for crack investigators who will leave no stone unturned in pursuit of travel justice. A chargeback request works best when the problem is straightforward — you were charged more than you agreed to pay, or you never agreed to pay at all. Asking your card issuer to do a deep dive into terms and conditions is a much longer shot.

And as we’ve seen before (and might be seeing in this case) such chargeback requests often anger the companies involved to the point that they refuse to deal with you further.

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If all else had failed, as I told you before the company gave in, you could have requested a “juicio verbal,” Spain’s version of a small-claims-court proceeding, via videoconference. It would not have been easy, said Dr. Peña López. Cases under €2,000 do not require a lawyer, but they do require you to have a Foreigner Identification Number, to fill out forms in legal Spanish (A.I. might help) and to find an interpreter to be by your side.

When I finally told you — in our 39th email! — you’d get a refund, you told me you had been “almost looking forward to a Spanish small-claims experience.” I admire your spirit, although I suspect it would have been quickly broken by bureaucratic and linguistic barriers.

If you need advice about a best-laid travel plan that went awry, send an email to TrippedUp@nytimes.com.


Follow New York Times Travel on Instagram and sign up for our Travel Dispatch newsletter to get expert tips on traveling smarter and inspiration for your next vacation. Dreaming up a future getaway or just armchair traveling? Check out our 52 Places to Go in 2025.

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In dizzying reversal, Trump pauses tariffs on most Mexican products

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In dizzying reversal, Trump pauses tariffs on most Mexican products

In a dizzying turn, President Trump said Thursday that the U.S. would temporarily reverse the sweeping tariffs it imposed just days ago on most Mexican products.

In a post on Truth Social, Trump said he would delay for one month the imposition of 25% taxes on Mexican imports that fall under a free trade agreement that he negotiated during his last term.

His remarks follow comments from U.S. Commerce Secretary Howard Lutnick, who on Thursday said in a television interview that Trump was “likely” to temporarily suspend 25% tariffs on Canada and Mexico for most products and services, widening an exemption that was granted Wednesday only to vehicles.

Lutnick told CNBC that the one-month delay in the import taxes “will likely cover all USMCA-compliant goods and services,” a reference to the U.S.-Mexico-Canada trade agreement, the North America free trade pact Trump negotiated in his last term. Lutnick said around half of what the U.S. imports from Mexico and Canada would be eligible.

Lutnick said the reprieve will last only until April 2, when the Trump administration has said it will impose reciprocal tariffs on countries to match the ones they have on U.S. exports. Later, he said that if Canada and Mexico don’t do enough to stop fentanyl from entering the United States, the 25% tariffs could be reapplied in a month as well.

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On Tuesday, the U.S. began placing duties of 25% on imported goods from Mexico and Canada, with a 10% rate on Canadian energy products. It also began imposing a new 10% tax on all imports from China.

Trump has said the tariffs are punishment because the three countries haven’t done enough to stop the flow of immigrants without proper documentation and drugs into the United States — and are an attempt to lure manufacturing back to the United States.

China and Canada responded forcefully, both imposing retaliatory tariffs on U.S. goods. Mexican President Claudia Sheinbaum had said that Mexico would also respond with counter tariffs, and had planned to announce them Sunday at a public rally in Mexico City’s central square.

In Canada, Prime Minister Justin Trudeau said he welcomed news that the U.S. would delay, but said Canada’s imposition of retaliatory tariffs will remain in place for now. “We will not be backing down from our response tariffs until such a time as the unjustified American tariffs [on] Canadian goods are lifted,” he said.

Trudeau told reporters that the U.S. and Canada are “actively engaged in ongoing conversations in trying to make sure these tariffs don’t overly harm” certain sectors and workers.

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Trump’s Cuts to Federal Work Force Push Out Young Employees

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Trump’s Cuts to Federal Work Force Push Out Young Employees

About six months ago, Alex Brunet, a recent Northwestern University graduate, moved to Washington and started a new job at the Consumer Financial Protection Bureau as an honors paralegal. It was fitting for Mr. Brunet, 23, who said he had wanted to work in public service for as long as he could remember and help “craft an economy that works better for everyone.”

But about 15 minutes before he was going to head to dinner with his girlfriend on the night before Valentine’s Day, an email landed in his inbox informing him that he would be terminated by the end of the day — making him one of many young workers who have been caught up in the Trump administration’s rapid wave of firings.

“It’s discouraging to all of us,” Mr. Brunet said. “We’ve lost, for now at least, the opportunity to do something that matters.”

Among the federal workers whose careers and lives have been upended in recent weeks are those who represent the next generation of civil servants and are now wrestling with whether they can even consider a future in public service.

The Trump administration’s moves to reduce the size of the bureaucracy have had an outsize impact on these early career workers. Many of them were probationary employees who were in their roles for less than one or two years, and were among the first to be targeted for termination. The administration also ended the Presidential Management Fellows Program, a prestigious two-year training program for recent graduates interested in civil service, and canceled entry-level job offers.

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The firings of young people across the government could have a long-term effect on the ability to replenish the bureaucracy with those who have cutting-edge skills and knowledge, experts warn. Donald F. Kettl, a former dean in the School of Public Policy at the University of Maryland, says that young workers bring skills “the government needs” in fields like information technology, medicine and environmental protection.

“What I am very afraid of is that we will lose an entire generation of younger workers who are either highly trained or would have been highly trained and equipped to help the government,” Mr. Kettl said. “The implications are huge.”

The administration’s downsizing could have a lasting impact, deterring young workers from joining the ranks of the federal government for years, Mr. Kettl said.

About 34 percent of federal workers who have been in their roles for less than a year are under the age of 30, according to data from the Office of Personnel Management. The largest single category of federal workers with less than a year of service are 25- to 29-year-olds.

The federal government already has an “underlying problem” recruiting and retaining young workers, said Max Stier, the president of the Partnership for Public Service. Only about 9 percent of the 2.3 million federal workers are under the age of 30.

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“They’re going after what may be easiest to get rid of rather than what is actually going to make our government more efficient,” Mr. Stier said.

Trump administration officials and the billionaire Elon Musk, whom the president has tasked with shrinking the federal government, have defended their efforts to cut the work force.

“President Trump returned to Washington with a mandate from the American people to bring about unprecedented change in our federal government to uproot waste, fraud and abuse,” Harrison Fields, a White House spokesman, said in a statement.

Mr. Trump has vowed to make large-scale reductions to the work force, swiftly pushing through drastic changes that have hit some roadblocks in court.

Last week, a federal judge determined that directives sent to agencies by the Office of Personnel Management calling for probationary employees to be terminated were illegal, and the agency has since revised its guidance. Still it is unclear how many workers could be reinstated.

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The abrupt firings that have played out across the government so far came as a shock to young employees.

They described being sent curt messages about their terminations that cited claims about their performance they said were unjustified. There was a frantic scramble to download performance reviews and tax documents before they were locked out of systems. Some said they had to notify their direct supervisors themselves that they had just been fired.

On the morning of Feb. 17, Alexander Hymowitz sat down to check his email when he saw a message that arrived in his inbox at 9:45 p.m. the night before. An attached letter said that he had not yet finished his trial period and was being terminated from his position as a presidential management fellow at the Agriculture Department. It also said that the agency determined, based on his performance, that he had not demonstrated that his “further employment at the agency would be in the public interest.”

Mr. Hymowitz, 29, said he was dumbfounded. “My initial thought was, obviously something is wrong,” he said. “How could I get terminated for performance when I’ve never had a performance review?”

Mr. Hymowitz, who had worked on antitrust cases and investigations in the poultry and cattle markets for about six months, said he was not given many further instructions. The next day, he decided to walk into the office and drop off his work equipment. “I just assumed that’s what people do when they get fired,” he said.

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Around 8 p.m. on Feb. 11, Nicole Cabañez, an honors attorney at the Consumer Financial Protection Bureau, found out that she had been terminated after she realized she could not log into her work laptop. Ms. Cabañez, 30, worked in the agency’s enforcement division for about four months, investigating companies that violated consumer financial laws.

“I was prepared to help make the world better,” Ms. Cabañez said. “It’s honestly very disappointing that I never got that chance.”

During her first year at Yale Law School, Ms. Cabañez said she originally planned to work at a large law firm, where she would have defended companies and made a lucrative income after graduation. But she said she wanted to work in public service to help people get relief through the legal system.

Ms. Cabañez said she was now applying for jobs with nonprofits, public interest law firms and local governments. But she said she worried that the job market, especially in Washington, would be “flooded with public servants.” She said she could not file for unemployment benefits for three weeks because her agency had not sent her all of the necessary documents until recently.

The impacts have stretched beyond Washington, reaching federal workers across the country, including in Republican-led states.

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At 3:55 p.m. on Feb. 13, Ashlyn Naylor, a permanent seasonal technician for the U.S. Forest Service in Chatsworth, Ga., received a call from one of her supervisors who informed her that she would be fired after working there for about nine months. Ms. Naylor said she initially wanted to stay at the agency for the rest of her career.

“It was where I have wanted to be for so long, and it was everything that I expected it to be from Day 1,” Ms. Naylor said.

Ms. Naylor, 24, said she felt a mixture of anger and disbelief. She said her performance evaluations showed she was an “excellent worker,” and she did not understand why she was fired. Although she said she was devastated to lose her job, which primarily involved clearing walking trails in the Chattahoochee-Oconee National Forest, she was not sure if she would return to the agency in the future.

“It would be really hard to trust the federal government if I were to go back,” Ms. Naylor said. She said she was considering enrolling in trade school and possibly becoming a welder since she is still “young enough” to easily change her career.

Although some said their experiences have discouraged them from pursuing jobs with the federal government again, some said they were intent on returning.

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Jesus Murillo, 27, was fired on Valentine’s Day after about a year and a half working as a presidential management fellow at the Department of Housing and Urban Development, where he helped manage billions of dollars in economic development grants. After standing in countless food bank lines and working in fields picking walnuts to help his family earn additional income growing up, Mr. Murillo said he wanted to work in public service to aid the lowest income earners.

“I’ve put so much into this because I want to be a public leader to now figure out that my government tells me that my job is useless,” Mr. Murillo said. “I think that was just a smack in the face.”

Still, he said he would work for the federal government again.

“For us, it’s not a partisan thing,” Mr. Murillo said. “We’re there to carry out the mission, which is to be of service to the American public.”

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